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webwoman · 2006-01-03, 10:31 PM

Silva's lawyer, Daniel Silver of New Britain, also said this week that Silva's First Amendment rights are being violated by the shutdown of her business while the police investigation continues.

"What the town did, (what) the police did, is came in and they seized all of (Silva's) computers, servers, and everything else, which does not allow her to continue in the business of selling protected materials," Silver said in an interview Wednesday. "It's a prior restraint of First Amendment activity ... There is a large amount of case law that says they just can't hold that stuff."

Silver has filed a motion in Superior Court for the return of Silva's seized property. A hearing on the motion is scheduled for Jan. 5.

According to police, it will take months for the state police forensic laboratory to analyze Silva's computers and other items seized as part of the investigation, but Silver said copies of the material could be just as easily examined.

"It's easy enough to download on a CD everything that's in that computer and give the computer back," Silver said. "To keep this at the crime lab for the next year, which would prevent her from doing business here or elsewhere, is where the constitutional basis comes in."

He added, "Even if something was going on so that there was a potential zoning violation. there is no evidence of prostitution."

2006-01-03, 10:31 PM	#275
webwoman Aw, Dad, you've done a lot of great things, but you're a very old man, and old people are useless Join Date: Oct 2005 Posts: 22	Statement from attorney Daniel silver Silva's lawyer, Daniel Silver of New Britain, also said this week that Silva's First Amendment rights are being violated by the shutdown of her business while the police investigation continues. "What the town did, (what) the police did, is came in and they seized all of (Silva's) computers, servers, and everything else, which does not allow her to continue in the business of selling protected materials," Silver said in an interview Wednesday. "It's a prior restraint of First Amendment activity ... There is a large amount of case law that says they just can't hold that stuff." Silver has filed a motion in Superior Court for the return of Silva's seized property. A hearing on the motion is scheduled for Jan. 5. According to police, it will take months for the state police forensic laboratory to analyze Silva's computers and other items seized as part of the investigation, but Silver said copies of the material could be just as easily examined. "It's easy enough to download on a CD everything that's in that computer and give the computer back," Silver said. "To keep this at the crime lab for the next year, which would prevent her from doing business here or elsewhere, is where the constitutional basis comes in." He added, "Even if something was going on so that there was a potential zoning violation. there is no evidence of prostitution."