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Can police legally throw away personal belongings of the occupy protesters?
I've seen a few instances of cops clearing out parks and arresting occupiers and then throwing away their signs, tents, blankets, medical supplies etc, most notably in Boston in the north camp. I understand the need to confiscate these items if they need to clear the parks, but I question the legality of rounding up all their belongings and throwing them away. Typically, when someone is arrested, their belongings have to be there for them when they are released, even if it's decades later, so how has this not really been questioned? I'm curious to know, is this legal? If it is, what provisions make it legal, and if not, how have they gotten away with it?
PS-This isn't about if the police should be doing this, or what your opinions are on the occupations, it's specifically a question about legality.
2 Answers
- LORD ZLv 710 years agoFavorite Answer
Signs, tents, blankets and so on are elements of the crime and as such are not returnable to the criminal. If you rob a bank in your own car they get to keep the car, the guns, the masks and so forth. This is no different. The belongings are the property of the city at that point and I would bet that if you look at the signage of the park they are indemnified from people leaving stuff in the park, or camping in the park, or being arrested in the park. The only thing that one could argue is that evidence of innocence was destroyed by the police but on the face of it a judge would say the contrary so arguing such would end in you admitting you broke the laws regulating the park usage and public assembly.
- ?Lv 610 years ago
Uh no, their belongings don't have to be there. When someone is arrested they can take necessary belongings with them. In the case of the police throwing stuff away, it is determined to be trash.
Just because it is a city park does not mean you can have tents or backpacks or other stuff there. The occupy protestors that violate the law get arrested. If noone claims their property it is tossed. Simple solution is keep the prostest peaceful.
