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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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