Hutter v. City of Wickliffe

This cause came on for consideration by the court on May 11, 1983, the court having heretofore ordered the city of Wickliffe to show cause why the property of plaintiff ought not to be returned to him. The defendant responds by brief and affidavit, representing that R.C. 4549.07 makes knowing possession of a vehicle with altered serial numbers unlawful. R.C. 2933.41, defendant points out, causes the loss of plaintiff’s property rights.

On first blush, the difficulty presented in disposing of this case is that R.C. 4549.07 requires that the element of “knowingly” be proved. “Knowingly” means…