Hold placed on George Zimmerman trial evidence

WESH-TV.com ^ | 7/18/13

[DallasBiff]

SANFORD, Fla. —A hold was placed Thursday on all evidence related to the death of Trayvon Martin.

Read more: http://www.wesh.com/trayvon-martin-extended-coverage/hold-placed-on-george-zimmerman-trial-evidence/-/14266478/21037098/-/11x831c/-/index.html#ixzz2ZR2EHXKB

[Guenevere]

I hope so too!!!....but what about his wife?.....they’re still trying to get their pound of flesh from her (perjury) for not disclosing the private fund that folks had started for them.

[hoosiermama]

Just announces on Greta wire. Dianna Tennis last night tonight. She’s running for judge in Orlando

[hoosiermama]

The other lawyer is from PA. Is that where its been filed? They will settle out of court. But how much? Tens of millions? Hundreds?

[1_Rain_Drop]

Mr Zimmerman can get a new gun can't he?

"My guess is he's already got a new gun. Wouldn't you?"

I think I'd get a baker's dozen.

My concern is if he would be allowed to pass a background check. The other option would be for him to hire body guards.

[smokingfrog]

Who told you to put the hold on?

[liberalh8ter]

With NBC’s ties to the Obama administration, I view Holder’s threats of a civil rights violation investigation as retaliation/intimidation over the NBC civil suit.

[smokingfrog]

The FBI would probably put a hold on his 4473.

[moehoward]

I believe it was filed in PA. And there is no way Comcast will let this go to trial.

[freedomrings69]

He should leave the country while he legally can to some place that would not extradite him.

[hoosiermama]

Henkster will you check out UC post at 133 and give us a synopsis of the law mentioned ? TY

[logi_cal869]

So who’s the first gun shop going to be to take donations of weapons for George Zimmerman?

Assuming that hasn’t been made a felony yet...and depending on the State.

[henkster]

OK, I read Walters v. Wolf. I am familiar to some extent with the Florida statute; most states have statutes which require evidence seized by the police in the investigation of a crime to be “securely held.” Upon completion of the case, any evidence which may be lawfully possessed by the person from whom it was seized must be returned to its lawful owner.

In Walters v. Wolf, Walters was arrested for unlawful possession of a handgun. However, he was a lawful permit holder, and the charges were dismissed. The gun was not returned, despite repeated written demands to do so. The Court concluded that his 14th Amendment Due Process rights were denied at the point either that the charges were dismissed or the gun was not returned. Walters’ 2nd Amendment claim was rejected.

I would say that Walters v. Wolf is applicable here if Zimmerman makes a demand for a return of his handgun, and is refused. I do not believe the Court is required to honor a Justice Department request to have the gun “held.” There is no longer any evidentiary reason for the Florida Court or any Florida state agency to hold the gun. If the Justice Department is considering any sort of investigation, what they need to do is go to a Federal District Court and obtain a District Court order to seize and hold the gun. In other words, what amounts to a search warrant. Such a warrant would have to be supported by sworn probable cause. I’d love to see what they would come up with.

So, if Zimmerman does nothing, he acquiesces in the holding of the gun. If he demands it back, the Court will either have to release it, or the Feds are going to have to present a Court order to get it. I doubt the Feds can claim they need time to “investigate.” They’ve had 503+ days to do that. Any further delay would be almost per se unreasonable.

That’s my quick and dirty take on it anyway.

[DrewsMum]

Ok this may be a stupid question, but wouldn’t a judge have to do that? Holder is merely the prosecutor for the United States, no?

[snarkytart]

LMAO the Republicans do something that takes backbone?
hahahaaaaaaaaaaaaaaaaaaaaaaaaaaaa

[hoosiermama]

Thanks for the legal explanation of the comment in the OJ

[SE Mom]

Thanks for the explanation.

I’m wondering just how far he’s planning to go with this. As you point out he will have to go through the process. .and he’s got nothing for probable cause.

This is nuts.

[snarkytart]

“They keep counting and counting votes until they get the result they want. Why not try and try until they get the verdict they want?”

/

Yep, same exact mindset. Yet the low information voter thinks the Tea Party is dangerous..haa

[hoosiermama]

See post above yours

[snarkytart]

I’m sure he does want a gun now because of the death threats. At least his brother thinks he should get one.
Beside whether GZ wants the gun that killed TM back or not is not really the issue.

[DannyTN]

"Ok this may be a stupid question, but wouldn’t a judge have to do that? Holder is merely the prosecutor for the United States, no?"

I would think a judge would have to do that. Actually it takes a judge to order the return of the possessions. So it's likely that Holder has asked the judge not to order them returned yet.

But I would also think that law enforcement which actually executes the return would give great difference to the US AG, and delay a return at least long enough for the AG to get a court order.