What's different a year after the wildfires? | SaltWire #novascotia #firefighting #wildfires #newsWASHINGTON - The U.S. Supreme Court on Thursday reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime, ruling in favor of Alabama officials who were sued by two women whose cars were held for more than a year.
Conservative Justice Brett Kavanaugh, writing for the majority, said preliminary hearings, also known as retention hearings, are not legally required. Some state laws require government officials to promptly show that seized property is likely involved in illegal activity and, failing that, return the assets while court proceedings over the owner's ultimate right to the property play out.
"The majority today holds that due process never requires the minimal check of a retention hearing before a police officer deprives an innocent owner of her car for months or years," Sotomayor wrote. The plaintiffs filed federal lawsuits arguing that the state government's failure to provide a prompt court hearing to let them try to reclaim their property violated the 14th Amendment's promise that government not"deprive any person of life, liberty or property without due process of law."
Source: Law Daily Report (lawdailyreport.net)
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