Hypothetical (continued): Since the local government confiscated his tools for a year, Bob fell behind on a job for a client while acquiring replacements and had to pay liquidated damages. Should Bob win his lawsuit (more in comments)?
Bob is having a bad week
I think the tools, aka the murder weapons shouldn't be returned. If anything Bob should be able to pursue damages from the suspect who actually stole them, not the government. A good lawyer however, would sue both parties.
See below. The suspect/murderer only had them for two days. The county government had them after that.
I read below before posting the above comment. Opinion stands.
Honestly, I just don't think we will agree.
Fair enough. I just wanted to make sure.
Bob's tools were found two days later at the suspects home after being used to kill, dismember, and process the bodies of three victims. Bob immediately requested that his tools be returned to him upon being notified, but his request was denied.
It took Bob two weeks to get replacement tools, delaying him two weeks on his job and resulting in liquidated damages of $5,000/day x 10 days = $50,000. Bob, in turn, sues the county for damages due to the loss of his tools due to them being...
...confiscated for the county's use in its trial.