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California cops have been seizing automobiles driven by [alleged] drug buyers or johns and forcing them to pay $200 to $2k impound fees to get them back. Now, they have to stop (the cities involved that is). FOX40 News reports that the California State Supreme Court has ruled that the municipalities were overstepping their legal bounds. By impounding the cars, the cities were exceeding the penalties imposed by state and federal laws; only the state can dole out penalties for drug or prostitution- related offenses. The ruling doesn't affect similar laws that allow police to seize cars participating in street racing or "sideshows." Chicago, Miami and other U.S. cities may have to follow suit– or face being subject to one.
12 Comments on “California Car Seizures Illegal...”
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Score one for the thugs…..
Score one for due process.
Andy, you were 30 seconds ahead of me.
Ever since the practice of civil asset forfeiture began some years ago, it’s been used as a blank check by police departments to add everything from air conditioners to SUVs. It’s also been used right up to the federal level to essentially blackmail legitimate businesses who had no choice but to admit guilt, whether innocent or not, because the shuttering of their businesses or the seizure of their assets left them no economic means with which to go to court — which is supposed to be the right of every American.
What did Franklin say about “those who’d surrender their liberty for safety deserve neither liberty nor safety”? You’d think anyone capable of watching the news these days would finally figure out you can’t trust a government that takes away your rights one by one, all the while insisting “law-abiding citizens have nothing to fear.” Tell the American citizens who’ve now been disappeared to life sentences without trial in foreign torture prisons. Or are you confident they’re all “thugs” too, Kevin?
Kevin,
You have no idea how much bullshit it is in Oakland, California.
If you are even suspected of loitering in the area, they take your car. For example, if you go to the taco trucks in Oakland to get a burrito
where known hookers congregate and do not have a “plausible” explanation to the cops, they take your car based on the “intent of solicitation.”
To get it back, you have to pay $200-2,000 and process forms before you even go to court for your alleged crimes. The Cival servants are instructed not to ‘help’ you.
You have 24 hours to hire an attorney to get your car back (even though you haven’t been convicted of a crime). When I say $200 to 2,000, I mean more toward the $2,000 mark.
The City officials have a deal with the towing companies. In fact the towing company makes 15 million a year and contributes to the coffers of elected officials.
They have a monopoly on towing.
For most people, they simply give up and the City confiscates the cars and sell them at auctions.
I can go on and on…
I still get a kick out of how you Yanks always talk about being more free than everyone else…
Free to be screwed by the government.
I hope that state falls into the ocean before more of its policies migrate east.
“I still get a kick out of how you Yanks always talk about being more free than everyone else…”
This is why we have checks-and-balances. As noted, the judicial system struck this down.
Checks and balances are designed to ensure that power is not abused.
Digressing a bit.
“Checks and balances are designed to ensure that power is not abused.”
After the fact.
A good decision by the court. Score one for the citizenry.
My nephew got his ’03 Focus confiscated by the Detroit police because he made the mistake of driving a buddy to buy some weed. Oh sure, he could have gotten it back, but the fees and fines made it impossible to do so. Did he do a dumb thing? You bet. Did he deserve to have his car, for all practical purposes, stolen from him? Uh, no.
New York City tried this same nonsense a few years back, seizing vehicles of suspected DUI’s, johns, drug dealers, etc. The State Supreme court threw their version of the law out as well.
Giving due process it’s proper due.
Another point most people don’t realize is that when the loan amount is anywhere close to the value of the vehicle, the authorities virtually never seize the vehicle as the only reason they do so is to raise revenue by selling off the car. The catch is they have to pay the bank loan. If there is no profit, then the car is not taken
That’s why I ride a skateboard to pick up hookers.