Dugan ex rel. Dugan v. General Services Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to determine “when, after the criminal case . . . [Fifth Amendment] liability [for property retention] accrues”
• explaining, in the context of a Fifth Amendment takings claim, that, “at the Founding, [a criminal] proceeding would have ended by the time the conviction was final, not after the prisoner had exhausted collateral review”
• “If the government wants to keep the property after the conviction becomes final, it needs some justification.”
• “Because the point of seizing evidence is to use it in a criminal proceeding, the government may hang onto it through that proceeding.”
• retention of seized firearm beyond limit of warrant supported Second Amendment claim and Due Process claim
• “We need not decide when, 20 | after the criminal case, this liability accrues and whether the plaintiff must first | demand return of the property and be refused.”

Source: CourtListener parenthetical corpus (CC0).