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George Zimmerman Trial Coverage => Verdict Watch and Reactions => Topic started by: Cylinder on July 18, 2013, 04:12:17 PM

Title: DOJ asks SPD for hold on evidence
Post by: Cylinder on July 18, 2013, 04:12:17 PM
DOJ asks for hold on evidence (http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/7/18/justice_deptartment_.html)
 
Quote
The Sanford Police Department says the United States Department of Justice has asked for a hold on evidence related to the George Zimmerman case.

Justice Department officials said earlier this week there was an open investigation into the death of Trayvon Martin.

Multiple agencies are working with the civil rights division to evaluate evidence from the federal investigation and recent state trial, the office of public affairs said in a statement issued Monday.

After publishing the verdict and entering judgment, Nelson entered a release on the evidence which was presumably handed back to SPD to be claimed by the owners.
Title: Re: DOJ asks SPD for hold on evidence
Post by: cboldt on July 18, 2013, 04:19:08 PM
DOJ asks for hold on evidence (http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/7/18/justice_deptartment_.html)
 
After publishing the verdict and entering judgment, Nelson entered a release on the evidence which was presumably handed back to SPD to be claimed by the owners.

Well, the DOJ said it didn't have to reply to Florida's request for evidence, because Florida does not have jurisdiction over what the federal government is investigating.

I'd like to know if the federal government has the power to impound property without producing formal documentation in the nature of a warrant.  What right does the DOJ have to seize property, on its own?  Will the Florida courts and law enforcement agencies yield to an illegal request?
Title: Re: DOJ asks SPD for hold on evidence
Post by: cboldt on July 18, 2013, 04:44:27 PM
Shamelessly ripped off from a comment following an Orlando Sentinel story (http://www.orlandosentinel.com/news/local/trayvon-martin/os-george-zimmerman-gun-20130718,0,2431785.story) . . .

This is illegal under Federal Law, see Walters v. Wolf, 660 F. 3d 307 Court of Appeals, 8th Circuit 2011 - No. 10-3597.  This will be yet another 42 USC 1983 violation against the City of Sanford.
Title: Re: DOJ asks SPD for hold on evidence
Post by: Gunslinger on July 18, 2013, 11:03:31 PM
Presumably the DOJ hopes that examination of the gun will provide insight into whether GZ has a racist mind-set. [/irony]
Title: Re: DOJ asks SPD for hold on evidence
Post by: TalkLeft on July 19, 2013, 11:23:13 AM
These forums are about the Zimmerman case. Please keep your political views out of them. You may not use them to rally others to sign petitions or call for anyone's removal from office.
Title: Re: DOJ asks SPD for hold on evidence
Post by: txantimedia on July 19, 2013, 11:44:58 AM
Jeralyn, can you specifically address whether or not this action by the DOJ is based on law?  Can the DOJ really order a city to retain an individual's property without a hearing or a court order?
Title: Re: DOJ asks SPD for hold on evidence
Post by: annoyedbeyond on July 19, 2013, 12:08:01 PM
These forums are about the Zimmerman case. Please keep your political views out of them. You may not use them to rally others to sign petitions or call for anyone's removal from office.

Seems appropriate considering Obama, Holder and the DOJ have inserted themselves into the Zimmerman case--which is what the thread is about.

Title: Re: DOJ asks SPD for hold on evidence
Post by: TalkLeft on July 20, 2013, 08:22:33 PM
the thread is about whether DOJ has the legal authority to ask a local law enforcement agency to continue to hold evidence after the case is over.
Title: Re: DOJ asks SPD for hold on evidence
Post by: nomatter_nevermind on July 24, 2013, 08:40:57 AM
SPD is reported to have complied with the DOJ request.

CNN, 7/23/13 (http://edition.cnn.com/2013/07/23/justice/zimmerman-case/index.html)

Quote
Florida authorities have delivered all evidence related to the George Zimmerman investigation to federal officials, who are weighing whether to pursue a civil rights case.

The Sanford Police Department said it turned over all evidence, including a gun, to the Department of Justice on Monday [7/22].

ETA: Detailed Case View (http://www.seminoleclerk.org/CriminalDocket/case_detail.jsp?CaseNo=592012CF001083A) shows 'Receipt for Release of Evidence', on 7/16 and 7/17.
Title: Re: DOJ asks SPD for hold on evidence
Post by: DebFrmHell on July 24, 2013, 09:59:39 AM
The Courts release the evidence back to SPD so that they can properly be released to its rightful owner.  I don't understand how the DOJ can step in and obtain that property without either a search warrant or permission from the owner.  This is so far off-base in determining the racial animus they need to bring Federal charges against Zimmerman in my mind.  Why didn't they just go for all of the FBI reports?  I suspect that MOM was correct when he said that collection was much bigger than the 40 pgs released.


 :o :o   >:(
Title: Re: DOJ asks SPD for hold on evidence
Post by: cboldt on July 24, 2013, 10:09:40 AM
The Courts release the evidence back to SPD so that they can properly be released to its rightful owner.  I don't understand how the DOJ can step in and obtain that property without either a search warrant or permission from the owner.  This is so far off-base in determining the racial animus they need to bring Federal charges against Zimmerman in my mind.  Why didn't they just go for all of the FBI reports?  I suspect that MOM was correct when he said that collection was much bigger than the 40 pgs released.

"How" is easy.  Possession trumps the law.

Going after errant government action is a financial decision.  Zimmerman is armed, he has no need of his property, so it's cheaper to allow the government to cheat than it is to challenge the illegal action.  I figure if Zimmerman did sue, it would be trivially easy for the DOJ to get a warrant.
Title: Re: DOJ asks SPD for hold on evidence
Post by: DebFrmHell on July 24, 2013, 11:11:07 AM
"How" is easy.  Possession trumps the law.

Going after errant government action is a financial decision.  Zimmerman is armed, he has no need of his property, so it's cheaper to allow the government to cheat than it is to challenge the illegal action.  I figure if Zimmerman did sue, it would be trivially easy for the DOJ to get a warrant.

After rethinking it, I can't help but to think that Zimmerman would give it over anyway.   He is that kind of guy.

Not sure that is a good thing...   ;)