| OK...from the original topic, my opinion is that it is legalized loan-sharking. For the person that needs the money on a non-regular basis, it is a good thing. For the person living beyond their means, it just helps them go further into debt.
As far as stolen merchandise is concerned...In Kansas, possessing items that you know are stolen can be considered theft in itself. I would tend to believe the business owner that is taking the merchandise and having the seller sign a receipt saying they are the legit owner helps cover his rear end. Might be even better if the note was notorized.
Plain view is great legal term that can apply in many ways. I can also see the point saying if the officer and/or rightful owner sees the merchandise and can identify it, then why cant they just take it. If it was an emergency situation where the business was working out of a u-haul truck, then yeah, the officer can take it. But, since these shops are as permanent as any store can be, and because their owners prefer to cooperate with law enforcement, it is preferable to have them pull the item temporarily. This allows the officer to prepare an affidavit showing why they believe this merchandise is in fact stolen. Not only is the merchandise itself requested to be seized, but so is any paperwork related to the item. The judge must then establish that PC exists to take the items in question and put them into evidence, pending investigation, charges, and court proceedings. By doing all this, believe it or not, it helps protect everyone involved - the victim, business owner, and even the suspect, because after all, he is innocent until proven guilty.
It was posted earlier that a search warrant is not that hard to obtain. That must have been written by someone that has never typed up an affidavit in support of a search warrant. Depending on the situation, it might be two pages long and based on one officer's investigation....or, it might be 20 pages long and be based on reports spanning months if not years and reports by multiple officers. I hear judges dont like those long ones, though...  |