Posted on 08/01/2007 12:59:44 PM PDT by SmithL
Stockton, Calif. (AP) -- The city council voted to ask the California Supreme Court to rehear a case in which the court ruled Stockton could no longer sell vehicles seized from drug dealers and solicitors of prostitutes.
City officials said Tuesday the court's 4-3 ruling last week deprived the city of an effective crime-fighting tool. The ruling overturned the laws of more than two dozen cities from Oakland to Los Angeles, and established that only state law can determine punishment drug and prostitution offenses.
A Stockton ordinance allows police to seize and sell the cars of people caught selling drugs or soliciting prostitutes while behind the wheel.
(Excerpt) Read more at sfgate.com ...
Prostitution and drug offenses are State laws, and State guidelines on sentencing are in place just for reasons like this.
Searching everyone's homes on a frequent and random basis might be an effective crime-fighting tool as well, but that doesn't make it Constitutional. Let them follow a due-process procedure consistent with innocent until proven guilty, then sell off vehicles, etc. Meanwhile, keep the damned Kings' men away from my castle (and my chariot), thank you very much.
BS, what it does is deprive them of a HUGE money making deal, just as grabbing houses and other property, regardless of who else might be an owner, and selling them. I think all such laws should be abolished.
My state can’t seize your property till you’re convicted of whatever you were charged with.
It really cut back on people losing their stuff.
Asset forfeiture laws are unamerican. Property should not be confiscated except by the lawful judgment of a jury.
D@mn that Due Process!
“Asset forfeiture laws are unamerican. Property should not be confiscated except by the lawful judgment of a jury.”
I don’t see how they are Constitutional. They breed corruption and put Americans in a position of proving their innocence.
I’ve spent some time in the general area around Stockton and Modesto. Stockton could be a pretty nice town if they cleaned up some of the seedier areas. Unfortunately, they’ve been deprived of a key tool toward accomplishing that. The Constitutional aspect is important, however. The issue seems to hinge on a local government’s seizure of property with due cause...
Born and reared in Stockton. Moved away from there 16 yrs ago. Been back once, to move my Mom. Have no regrets. It’s the ‘arm pit’ of California!
Funny story: While there, I was looking for work in the Stockton-Modesto area (it would have been a homecoming for me as well). I drove to one of the addresses of a prospective employer in my line of work. Thinking it was an office (it was an office center, after all), I walked into the suite and right into someone's living room! Rap music was playing, three or four brothas standing around. "Yo, what's up?" Strange experience... I guess I shouldn't be so judgmental of different companies' business cultures.
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