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Judge supports denying rehearing, but disagrees with colleagues’ rationale

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The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.

Michael D. Weir complained that his Fourth Amendment rights were violated when a police officer seized $6,655 from him during a traffic stop. The car was originally pulled over after police observed Weir, a front seat passenger, not wearing his seatbelt. The police found the driver didn’t have a valid license or plates for the car, and decided to impound it. A pat down of Weir revealed a pocket knife, and while performing the pat down, the officer felt what appeared to be a large amount of cash.

The officer seized the cash, but allowed Weir to leave the scene. The driver was arrested and charged with possession of stolen property and possession of drug paraphernalia based on evidence found at the traffic stop. The driver later implicated Weir in a drug conspiracy, to which he implicated himself further after his arrest.

“I agree with Weir that the officer did not have probable cause to seize the cash at the time the officer effected the seizure,” Judge Ilana Diamond Rovner wrote.

“The opinion concludes that the officers could seize the money because Weir was the passenger in a stolen car, and because they later discovered the digital scales in that car. But at the time the officer seized the cash, the officer had no evidence connecting Weir or the cash to criminal activity,” she continued. “That the officer later learned that the car was stolen and that it contained drug paraphernalia cannot retroactively justify the seizure.”

But she found even if seizure of the cash was error it was not plain error. The outcome of the case would have been the same if the cash wasn’t seized because it was the cash’s discovery that led to Weir’s downfall.

“Once the cash was legitimately discovered, alea iacta est. I therefore concur in the denial of the petition for rehearing, but I do not endorse the rationale used in the opinion to justify the seizure,” she wrote in United States of America v. Michael D. Weir, 11-3321.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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