Fourth Amendment

In a bizarre ruling, the Ninth Circuit affirmed qualified immunity for the City of Fresno and three police officers, because even if they did steal $100,000 worth of plaintiffs’ property after seizing it with a warrant, “it is not clear whether the theft of property seized pursuant to the warrant violates the Fourth Amendment.”

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Only 9th Circuit Sympathy in Case of Missing Cop Seizure

A September 2013 police raid on Micah Jessop and Brittan Ashjian, two Fresno businessmen suspected of running an illegal gambling ring, netted hundreds of thousands of dollars in cash and rare coins that were seized as evidence. Their names were cleared, but most of that money mysteriously disappeared – and Jessop and Ashjian never saw their property again.

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