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06-25-1996
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5.13
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71 N.W. 703 (1897). In Bloomington, pawnbrokers are required to <br /> Provide the police department with a daily computer disc containing • <br /> descriptions of the property purchased or pawned, together with <br /> information regarding the person selling or pawning the item. This <br /> information is then compared with metropolitan stolen property reports. <br /> J. Property Distribution Provisions <br /> An innocent pawnbroker who gave money for a pledge of stolen property <br /> has an interest in property protected by due process and section 1983, <br /> which may be violated when police recover property and return it to the <br /> true owner without judicial determination of ownership or possession prior <br /> to property's return or release as required by state law. See Wolfenbarger <br /> v. Williams, 774 F.2d 358 (10th Cir. 1985). See also G& G Jewelry, Inc. <br /> v. City of Oakland, 989 F.2d 1093 (9th Cir. 1993)(pawnbroker, as pledgee, <br /> has legitimate possessory interest in property received as against the rest of <br /> the world except persons having title to the property; the police are not <br /> authorized to seize property from a pawnbroker for the purpose of <br /> returning it to the person who claims to be the owner in circumvention of <br /> required statutory procedure). But see Minn. Stat. sec. 609.523 <br /> (1994)(law enforcement agency which is holding property over which a <br /> person is alleged to have exerted unauthorized control or to have otherwise <br /> obtained unlawfully may return that property to its owner if the four <br /> conditions detailed in the statute are met). Provided police officers follow <br /> the Minnesota statute, the city should be protected from a due process <br /> challenge to its actions in recovering stolen property from a pawnbroker. <br />
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