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Three years

For three years, NOLA police kept a gun for evidence. They were sued:

Orleans Parish District Attorney Leon Cannizzaro’s office and the city must prove why they still need Errol Houston Jr.’s handgun, three years after he last faced a criminal count, a federal appeals court ruled Tuesday. The ruling by the 5th U.S. Circuit Court of Appeals, scrapping its earlier opinion in the case, could lead to a change in how prosecutors and police view their right to hold on to seized evidence in criminal cases that are dropped but still could be prosecuted later. “This is really a hugely important victory,” said Marjorie Esman, executive director of ACLU of Louisiana, which represented Houston. “It absolutely changes how the DA’s office is going to have to treat property they retain that they don’t really have any need to retain.”

11 Responses to “Three years”

  1. rickn8or Says:

    IF / WHEN he finally gets it back, wonder what condition it’s gonna be in? I’m thinkin’ it’s been soaking in a bucket of salt water since the day the charges were dropped.

  2. Robert Says:

    Well lookee there! The ACLU taking a gun case!

  3. Bryan S. Says:

    They need a few more weeks for some officer to get a hold of his brother in law who he gave it to…..

  4. Nylarthotep Says:

    ACLU of LOUISIANA NOT the ACLU that is national. There obviously is a huge difference.

  5. Old NFO Says:

    Agree with the first three comments, they’re probably ALL true…. sigh

  6. Cargosquid Says:

    NOPD stands for Not Our Problem Dude.

  7. mikee Says:

    Pet peeve: Authority versus rights.

    Prosecutors and police have an authority, not a right, to hold evidence. Citizens have rights. State agents have “authority” or delegated powers, based on the decisions of the citizenry. When the police and prosecutors overstep their authority, they are infringing on rights, not exercising them.

  8. Brad Says:

    Does anyone really believe this controversy is about keeping evidence? It’s really all about the gun, isn’t it? Keeping evidence is just the excuse du jour.

  9. CarlS Says:

    Can I get a “Quote Of The Day” . . . week, month, year, decade . . . for Mikee in # 7 ?

  10. Kristopher Says:

    Brad: Or they don’t have it anymore and won’t admit it.

    Some badged criminal probably took it home.

  11. Joe Huffman Says:

    @CarlS,

    Done.

Remember, I do this to entertain me, not you.

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