Ruling Kills Oakland Law Allowing Seizure of Cars Used to Pick Up Prostitutes or Drugs

[The Straight Story]

Supreme Court Ruling Kills Oakland Law Allowing Seizure of Cars Used to Pick Up Prostitutes or Drugs
By J. Douglas Allen-Taylor (07-27-07)

The California Supreme Court ruled on Thursday against California enacting ordinances allowing the seizure and forfeiture of vehicles used in picking up prostitutes or buying drugs, thus effectively ending the City of Oakland’s 10-year experiment in the practice.

In a 4-3 vote in O’Connell v City of Stockton, the court ruled on the narrow grounds that the city could not enact enforcement laws in areas that had already been addressed by the state. “The illicit commercial activities—prostitution and trafficking in controlled substances—that are the focus of the city’s vehicle forfeiture ordinance,” the court’s ruling read, “are matters of statewide concern that our Legislature has comprehensively addressed through various provisions of this state’s Penal and Vehicle Codes, leaving no room for further regulation at the local level.”

The ruling does not prevent police from towing automobiles involved in picking up prostitutes or drugs but only the forfeiture. Automobile towings are covered under the state’s Vehicle Code.

Although the court asked attorneys involved in the case to submit briefs on whether the seizures themselves violated state or federal constitutional due process guarantees, the ruling noted that “because we conclude here that state law preempts the provisions of the Stockton Municipal Code pertaining to seizure and forfeiture of nuisance vehicles, thus invalidating those provisions and rendering them unenforceable, we need not address issues.”

http://www.berkeleydailyplanet.com/article.cfm?issue=07-27-07&storyID=27638

[jgraz]

1. Thank GOD! I can take the good car now!

[Judi Lynn]

4. So you won't have to keep driving this one any longer, eh?

[jgraz]

6. Wow...it looked a lot better before I started buying drugs

Lucky the hookers don't seem to mind

[Bonobo]

2. Good. It is thievery.

By the way, Straight Story, good to see ya.

:hi: :smoke:

[The Straight Story]

3. Good to see you as well, I usually hang in the lounge now

:)

[Beerboy]

5. Asset forfeiture laws mostly suck-

I believe they were intended originally to be a RICO-type measure against drug kingpins, but many innocent families have lost everything because 1 person in the family was dealing dime-bags and the rest didn't know, but boom, here comes the law and you've lost all your property.
As it stands 20 years on, individual police departments got what it takes to take what you got.

[countmyvote4real]

7. That whole "towing" thing must sing to those with a car.

How stupid is this?

[Beerboy]

8. Not sure I know exactly what you mean,

but if I read you right, getting your car towed for a parking ticket, expired tabs or parking in a tow-away zone sucks, but it doesn't mean the government now owns it and can sell it like they can under asset forfeiture. Asset forfeiture is fucking un-constitutional if you're not eligible under federal RICO statutes, or at least it should be. You can lose your house and land, everything. Asset forfeiture ain't no joke.

[countmyvote4real]

9. Your read me right. I agree. n/t

[jimpeel]

10. hallelujah!

There is nothing more wrong with America than the Seizure and Forfeiture laws. To see how badly they have been abused, go to http://www.fear.org . That is the website of the organization Forfeiture Endangers American Rights.

[Beerboy]

11. Thanks for the link!

Will definitely read it tomorrow.:scared: edit to add Welcome aboard fellow newbie1.