Monday, March 30, 2009

People v. Hernandez (Cal. Ct. App. - March 24, 2009)

Justice McIntyre (and the rest of the panel) is totally right in this one. Taking property -- even allegedly stolen property -- from a pawnbroker without notice or an opportunity to be heard is indeed a violation of their procedural due process rights. Moreover, there's no reason for it; there's plenty of ways to solve this problem without violating the Constitution.

Were I John Sansone -- County Counsel for San Diego -- I would have confessed error in this one. The Court of Appeal is clearly right. As is the proper outcome.