chipbennett wrote:
Why haven't O'Mara and West gone to the FBI to demand release of Zimmerman's personal property, on Fourth Amendment grounds?
liesel wrote:
Totally agree with your other comments and also share your disgusted outrage. Long ago, at a political forum which included the whigs and bullmoose parties, iirc

, my avi read, "If You're Not Outraged, You're Not Paying Attention".

On this though, other than making a point, I'm not understanding the purpose, and hope you'll explain. We had a beach day yesterday, and all of the sunblock in the world doesn't stop that from frying my brain or at least slowing it down a lot.
I'm not sure what property of GZ they have other than his clothes, gun, and maybe phone, likely none of which he's anxious to get back. And if he did get them back, he would have to turn them over himself, upon a warrant, which Holder has gotten on a pack of lies before, like Rosen. Again, beach brain, but wouldn't it be easier to get any DOJ testing, etc. thrown out (if they ever bring a case), with them getting the stuff outside of proper procedure? Assuming, of course, they didn't bother to get a warrant or do paper work yet.
He may or may not want his phone back, and likely doesn't want his (chopped up) clothes back. The issue is the gun. He faces legitimate death threats, and retains his second-amendment rights as well as his right to defend himself.
The point is, as far as I know, Holder nor anyone else has yet sworn an oath or affidavit of probable cause, nor obtained a warrant based upon that affidavit, to seize Zimmerman's property. Thus, the FBI's seizure of Zimmerman's property is a blatant violation of Zimmerman's fourth amendment rights.
Forcing the FBI to obtain a warrant would force the feds to produce an affidavit of probable cause - in other words: it would force their hand. It would either box them into a corner (much as Florida's PCA did in their malicious prosecution for second-degree murder), or would force them to admit that they have no probable cause to pursue prosecution of any alleged federal crime committed by Zimmerman.
It's a put-up-or-shut-up move.
That, and I am adamantly opposed, on principle, to any attempt by the government to trample the constitutional rights of law-abiding citizens.