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In the case, police in Santa Clara, California flew a private airplane over the property of Dante Ciraolo and took aerial photographs of his backyard after receiving an anonymous tip that he was growing marijuana plants. Some legal scholars have called this case "the demise of private property" and that it contradicts prior case law such as Katz v.
The potential harm to society necessitates the destruction or use of private property for the greater good. The injured, private individual does not always recover for the damage caused by the necessity. In American law, two conflicting cases illustrate this point: Surocco v. Geary, 3 Cal. 69 (1853) and Wegner v.
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil ...
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When police confiscate [2] or destroy a citizen's photographs or recordings of officers' misconduct, the police's act of destroying the evidence may be prosecuted as an act of evidence tampering, if the recordings being destroyed are potential evidence in a criminal or regulatory investigation of the officers themselves. [9]
Police responding to illegal lockouts “should advise the landlord or other persons involved that it is a misdemeanor to force tenants out of a rental property and should instruct them to allow ...
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.