Car Seizures In Drug, Sex Offenses Nixed

(AP)  A sharply divided state Supreme Court ruled Thursday that cities can no longer seize automobiles whose drivers are arrested for allegedly buying drugs or soliciting prostitutes.

The ruling overturns the laws of more than two dozen cities from Oakland to Los Angeles that allowed police to seize an automobile immediately after the driver's arrest.

The 4-3 ruling said only state law can mete out punishment for drug and prostitution offenses and that without authorization from the California Legislature, cities can't pass seizure ordinances that are harsher than state and federal laws. Even drivers suspected of buying a small amount of marijuana, which is a low-level crime punishable by a $100 fine, faced seizures in many of the cities with the ordinances.

"The illicit commercial activities prostitution and trafficking in controlled substances that are the focus of the City's vehicle forfeiture ordinance are matters of statewide concern that our Legislature has comprehensively addressed ... leaving no room for further regulation at the local level," wrote Justice Joyce Kennard for the majority.

Lawyer Mark Clausen, whose lawsuit against the city of Stockton led to Thursday's ruling, said that since Oakland instituted the first seizure law in 1997, "several thousand" automobiles have been seized throughout the state. He said most cities release the cars after drivers pay an impound fee ranging from $200 to $2,000, depending on the city.

"These ordinances were just a public relations stunt," Clausen said Thursday.

The state Supreme Court initially upheld the seizure laws in 2000 when it refused to consider an appeals court decision upholding Oakland's ordinance. Only after another appeals court ruled differently in 2005 did the Supreme Court take up the issue.

Stockton's lawyer Joseph Quinn said the Legislature can "easily pick this up" and pass a similar seizure law.

The ruling didn't address newer city laws that allow police to seize cars allegedly participating in illegal street races and "sideshows."

But Clausen said he believes the ruling applies to those racing laws as well. Last week, the city of Oakland paid Clausen $70,000 to settle his lawsuit alleging that Oakland's racing law was unconstitutional. A similar case is pending in Los Angeles.

Clausen has filed several related lawsuits throughout the state on behalf of taxpayers who allege the seizure laws are unconstitutional. He was joined by the Amercian Civil Liberties Union in the lawsuit against Stockton heard by the Supreme Court.

Many urban city councils said they enacted the seizure laws as a way to combat drug sales and prostitution and clean up some of their most blighted neighborhoods.

"The ordinance speaks to a narrow, pressing and quite real local concern," Justice Carol Corrigan wrote in her dissent, arguing that the local ordinances aren't in conflict with state law. "Street commerce in drugs and sex forces innocent people to share their neighborhoods with pimps, prostitutes, and drug dealers who use their streets as a bazaar for illegal transactions."

[gunownerdan]

It's a lot easier to arrest and jail non-violent potheads rather than go after dangerous criminals like robbers, rapists, gangs, and killers.
Plus, since there's a lot more potheads out there, we can fill up our corporate-owned jails really fast to maximize profits and increase government funds.
www.leap.cc

[kansas1946]

Thank God some sense is returning to the drug-war laws. Thise type of seizures have been a lot of police departments candy jar. It was a horrible idea to start with.

[toolmangler-2009]

Take the car of a rich John or Druggy and you haven't hurt him/her. Take the car of a low income John or Druggy and you have not hurt him/her either, but you have crippled the family with a debt to pay for the car that they no longer have but owe for. Bail, for the accused, lawyer fees to get the person out of a LONG sentence, (the poor always go to jail, guilty or not) its only the Cheneys ooopps I mean rich that don't suffer.

[toolmangler-2009]

Take the car of a rich John or Druggy and you haven't hurt him/her. Take the car of a low income John or Druggy and you have not hurt him/her either, but you have crippled the family with a debt to pay for the car that they no longer have but owe for. Bail, for the accused, lawyer fees to get the person out of a LONG sentence, (the poor always go to jail, guilty or not) its only the Cheneys ooopps I mean rich that don't suffer.

[randalds]

So just "punishing the offender" has no bearing on the family, otherwise??? Wow! now I see why you want recreational drug use legalized...are you on your "2nd strike"?
Posted by ralan40 at 06:14 PM : Jul 27, 2007

How would it be better if when a person is arrested for recreational drug use or soliciting a prostitute that the law also further punish the rest of the family by taking the family car away? That makes no sense and it punishes innocent people who had nothing to do with the commission of the crime. And no, while I used to smoke a lot of pot for a lot of years, I have never been arrested. Even though I choose to no longer smoke it, doesn't mean I don't believe that it would be a huge burden off the justice system to stop arresting people for recreational drug use and/or prostitution. Enforcing these "crimes" are a waste of time, effort and money.

[undermyboot]

why was this nixed?
Posted by toldyouso21 at 03:16 PM : Jul 27, 2007
------------
Because, and it pains me (well not really) to ask whether you understand the truly AMERICAN concept of innocent until proven guilty? Or perhaps you simply cannot read (that would explain a lot).

"...allowed police to seize an automobile immediately after the driver's ARREST...Even drivers SUSPECTED ... faced seizures". Then you have to go to court to PROVE you were not doing anything wrong in order to get your car back. Don't forget- even if innocent, they only "release the cars after drivers pay an impound fee ranging from $200 to $2,000".

"toldyouso21" is your typical moron who wants the law to apply to everyone who he SUSPECTS of crimes. After all, the police are ALWAYS RIGHT and HONEST. LMFAO. Hey- "Guilty until proven innocent". Right doofus? Crawl back under your rock.

[ralan40]

...."Punish the offenders if you must (though prostitution should be legal in the first place..as well as recreational drug use), but don't let that punishment extend to others.
Posted by randalDS at 03:40 PM : Jul 27, 2007"

So just "punishing the offender" has no bearing on the family, otherwise??? Wow! now I see why you want recreational drug use legalized...are you on your "2nd strike"?

[xavia1-2009]

Well they were seizing the cars cause it was something to make money for the city, kind of like cigarette taxes. They find things that people in general view as "bad" and then figure no one will complain too much if they "tax" it.

Oh, and JetRanger7: it's not only poor, working class people who use drugs and hire prositutes. By a far cry.

[jetranger7]

Seems Quite Strange to me that they'll Seize a Vehicle for offenses like this, but if your a Corporate Ceo who commits a Major White Collar Crime, they do absolutely Nothing, they get to keep their Mansions and Fancy Cars and Yachts ! Again only the poor working class people are coming under attack by a Rogue Government gone awary !!! The Stupidity must stop !

[randalds]

Bravo!!! These were ignorant laws in the first place that often punished not only the offender, but many times their innocent family members like wives and children that depended on these vehicles. Punish the offenders if you must (though prostitution should be legal in the first place..as well as recreational drug use), but don't let that punishment extend to others.