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  • * – *** BREAKING NEWS *** WHAT ARE THE….

    Posted on February 7th, 2019 Becky 11 comments

     Doing some research this afternoon. LIP News will be back tomorrow.

    WHERE’S THE MONEY?

    *    If you pull up Assistant District Attorney Janie A. Swinehart in the Prothonotary’s Office you will see page after page of Petitions for Forfeiture (see below). And this is just one ADA!

     

    *** BREAKING NEWS ***

    DA APPEALS WALKER/LNP

         Yesterday, the Lancaster County District Attorney’s Office filed an appeal in the Lancaster County Court of Common Pleas against LNP reporter Carter Walker and LNP appealing an Office of Open Records determination that the items involved in civil forfeiture are public information.
         The initial page of the appeal is below along with the beginning of the “Procedural History” (click here to read the entire appeal).

    *******

    REPUBLICANS GOING TO DO?

             

    Republican District Attorney candidates from left to right: Heather Adams, Karen Mansfield and Mark Fetterman.

         What a mess! Are any of these candidates qualified to be District Attorney?
    Please check back later today.

     

    11 responses to “* – *** BREAKING NEWS *** WHAT ARE THE….”

    1. She handles a lot of child pornography cases. I would guess those are mostly, if not all, devices that contain child pornography….most of which end up being destroyed, if I’m not mistaken. Speaks more to this disgusting society than anything else….

    2. AT LEAST 120 SEPERATE PRIVATE CRIMINAL COMPLAINTS HAVE BEEN FILED AGAINST LANCASTER COUNTY DISTRICT ATTORNEY CRAIG STEDMAN IN THE OFFICE OF THE PA ATTORNEY GENERAL IN THE PAST TWO YEARS. THEY ARE ALL LEGITIMATE COMPLAINTS FROM CONCERNED CITIZENS.

      LANCASTER COUNTY VOTERS SHOULD NOT WANT THIS CORRUPT D-A TO BECOME A JUDGE. YOU WILL REGRET IT FOR THE REST OF YOUR LIVES.

    3. How do you know this?

    4. she is one of maybe three DAs that handle the forfeitures. this is not out of the ordinary

    5. TimingisEverything

      From today’s Legal Intelligencer:
      A woman who sued the Pennsylvania State Police after a trooper assisted with the repossession of her car has been awarded $500,000 in punitive damages by a jury in Johnstown.

      Angela Hyman sued Pennsylvania State Police Corporal Bryan Devlin for civil rights violations—specifically her Fourth and 14th Amendment rights to due process and freedom from unreasonable seizures of property—stemming from an October 2016 incident in which Devlin assisted a repo man repossessing her 2014 Toyota Corolla.

      The 12-member jury found that Devlin committed a “reckless, malicious, or callous” violation of Hyman’s rights by ordering her wife out of the car and threatening to break the windows in the process of assisting the repossession.

      “This verdict by a group of citizens from the heartland of Pennsylvania sends a clear message to police officers around the commonwealth and beyond that they cannot take sides and help the repo man in civil repossessions,” said Andrew Milz of Flitter Milz in Narberth, Hyman’s lawyer, in a statement. “We expect our police to maintain the peace, not breach it. Our Constitution is very clear—police simply cannot take sides in a civil dispute between private parties.”

      The Office of the Attorney General, which represented the state police, did not respond to a request for comment.

      The plaintiff’s court papers argued, “The case exemplifies a custom of the Pennsylvania State Police unlawfully taking the side of the secured party in private civil repossessions effected without a court order. While our police are expected to keep the peace, they may not sit in judgment in their own ‘curbside courtroom’ and aid a bank to effect a non-judicial, self-help repossession.”

      In court papers, the defendant argued the plaintiff had failed to state a claim.

      “Plaintiff alleges the defendants assisted in depriving plaintiff of property in violation of her rights under the Constitution. Plaintiff’s claim fails for several reasons, but foremost, because it is not clear plaintiff even had a property interest in the car she offered up as collateral for a loan she admittedly failed to service,” court papers said.

      The defendant continued, ” As to Corporal Bryan Devlin, requesting that plaintiff’s relationship partner, a trespasser in relation to the vehicle, exit a vehicle hooked to the back of a tow truck in order to resolve a disturbance does not rise to the level of a Constitutional violation.”

      Trooper Michael Morris was a defendant but was dismissed from the litigation before the case went to verdict.

    6. More and more Real conservatives are alarmed by the huge amount of civil forfeiture seizures and see some as a violation of due process, one of those irritating constitutional amendments DAs and police apparently see as overly burdensome. Another irony.

    7. Due process..the govt can’t take property first and try to prove they had the right later. Matthews v. Eldridge.. Lynch v. Household finance… Armstrong v. Manzo…and on and on. LE takes an oath to uphold the Constitution. Not an easy job, but everything falls apart when LE forgets that responsibility.

    8. All that said I looked at some of the civil forfeiture cases on the Lancaster dockst years ago. Many defendants never show up to contest the taking….due process served unless they’re in jail, indigent, and unaware of the proceedings.

    9. Hburg source..how many PCPs have been filed against other county DAs in PA?

    10. Comment sections been real interesting lately

    11. Totally immaterial but I can’t get past Stedman’s signature. That phallic arrow that shoots out at the end of his signature is quite strange.