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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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