How does one analyze an unreasonable search differently from an unreasonable seizure? Does it matter, analytically, whether a seizure was unwarranted as opposed to unreasonable? The Eighth Circuit Court of Appeals has the answers.
It issued this decision today which begins:
PPS, Inc. (PPS), the owner of the EZ Cash Pawn Shop in Little Rock, Arkansas (EZ), appeals the district court’s grant of summary judgment to the defendants in this 42 U.S.C. § 1983 case, claiming that Sergeant David Hall of the Faulkner County, Arkansas Sheriff’s Office seized property from the pawn shop’s inventory without a warrant and in violation of PPS’s Fourth and Fourteenth Amendment rights. We affirm.
Where I live, attorneys who frequently defend DUI charges facetiously reference a ”DUI Exception” to the Georgia Constitution (and to the Fourth Amendment). No, there’s no such exception. Still, I wonder if Arkansas’s pawn shop owners make the same quip. This decision is thorough and, if anything, highlights where the pawn shop might have successfully brought a procedural due-process claim of the “postdeprivation” variety.
A good read indeed.