A petition for writ of certiorari was filed in the U.S. Supreme Court on October 15, 2008, in Amerisource v. U.S. The petition was filed after a Federal Circuit U.S. Court of Appeal's decision in May of 2008 ruled that the Fifth Amendment's takings clause (the clause) does not apply when the government seizes an innocent third party's property for use in a criminal prosecution but never introduces the property into evidence, even when the property is rendered worthless over the course of the proceedings (¶39,029). The petition argues that the Federal Circuit's decision directly conflicts with text of the clause by adopting a sweeping exception to the clause for all actions justified under the police power, including physical seizures. According to the petition, the court of appeal's reasoning erroneously relied on a case where property seized was used in the commission of an offense, whereas the seized property in question in this case was confiscated from an innocent third party, without forfeiture, for use merely as evidence. The petition argued that a literal reading of the clause requires compensation when the government confiscates lawful property of an innocent third party for use, as evidence in a criminal prosecution.
SOURCE: Amerisource v. U.S. (Fed Cir. 2008) petition for cert. filed (U.S. Oct. 15, 2008) (No. 08-497)
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