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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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