Formal complaint.
05-06-2007
Violation of the constitutional right of due process.
On January 9th, 2006, Tom Smith called the Yellow House Store 1904 Massachusetts. He told Carrie Neighbors that he had a computer that he had acquired through the community drop in center in exchange for some work he had done. He also said that he had been storing it in the garage of some friends and that they had asked him to get it out of their way. He stated he wanted to sell it to the Yellow House store. He then said he would be having a friend bring it down to sell it for him. He stated he wanted about $100.00 for it. A few hours later a woman by the name of Anita Nunez came in with a Mac desktop computer. She presented a valid I.D. And filled out a sellers form.
The next day on Jan 10th, 2006 Tom Smith called the Yellow House store. He informed the owner that he had sent his friend Anita Nunez in to sell a computer for him and she stole all the money. He stated he could not identify the computer and did not remember what kind of computer it was or what color it was. He only knew Anita did not give him his money!
The Yellow House informed him he needed to contact the police and make a report because this was a problem between him and Anita, and did not involve the Yellow House directly.
On Jan. 11th, 2006 Lawrence Police Officer Patrick Orrick came in the store to question Carrie about the computer that Anita Nunez had sold to the business. Carrie informed the officer that the computer did not qualify as stolen property and that Mr. Smith could not identify it over the phone. Mr. Smith was also not able to present a serial number or any other kind of identification proving ownership of this particular computer. The matter between Mr. Smith accusing Ms. Nunez of stealing his money should not be a concern of the Yellow House. The officer stated that Ms. Nunez had informed him she was supposed to sell the computer for Mr. Smith and give him the money. However she met up with some friends and spent the money herself. At that point the officer decided to confiscate the computer. He gave the business owners his card and case number, and left with the computer.
We believe the right of due process was violated, based on the Uniform Commercial Code protecting a party who gives value for an item to someone who was in lawful possession of the item. See, e.g., Alsafi Oriental Rugs v. American Loan Co., 864 S.W.2d 41. As a result, local law enforcement are depriving the Yellow House store of a property interest without affording a prior hearing as required by the due process requirements of the United States Constitutions.
By law, a party asserting ownership of property, which the party claims is stolen and in the possession of a pawn or second hand store, may recover the property by making a report to a law enforcement agency. The party MUST provide the agency with proof of ownership of the property and must have reported the theft of the property within thirty days after obtaining knowledge of its theft or loss.
We believe there was no legal basis for this property confiscation. We also do not believe under these same circumstances any other Lawrence business would have been subjected to this type of property seizure. We believe the Yellow House store, has been subjected to unconstitutional discriminatory practices by local law enforcement.
Property confiscated by Law enforcement from the Yellow House store. That is taken without proper documentation, or identification, clearly violates the business owners the right of due process, and should be deemed unconstitutional.
The Constitution of the United States prevents any state from depriving “any person of life, liberty, or property, without due process of law . . ..” U.S. Const. Amend. 14, § 1.
Regards
Guy and Carrie Neighbors
Yellow House Quality Appliance Inc.
1904 Massachusetts
Lawrence, Ks. 66046
785-842-2785
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