Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Stockton car seizure law challenged in state supreme court
AP via SFGate ^ | 5/2/7

Posted on 05/02/2007 3:44:04 PM PDT by SmithL

Stockton, Calif. (AP) -- The state's Supreme Court heard arguments this week challenging a Stockton ordinance that allows police to seize and sell the cars of people caught selling drugs or soliciting prostitutes while behind the wheel.

More than two dozen California communities have similar ordinances, but Stockton resident Kendra O'Connell has filed a lawsuit that could block the practice.

O'Connell never had her car seized but filed the suit as a concerned citizen who objected to Stockton's seizure law, said her lawyer, Mark Clausen.

The city should not have the right to take away somebody's car for these relatively minor crimes, he said Tuesday.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: illegalseizure; stockton
Navigation: use the links below to view more comments.
first 1-2021-31 next last
I don't see where Kendra has standing, here.
1 posted on 05/02/2007 3:44:10 PM PDT by SmithL
[ Post Reply | Private Reply | View Replies]

To: SmithL

Bookmarked for later.


2 posted on 05/02/2007 3:47:40 PM PDT by happinesswithoutpeace (You are receiving this broadcast as a dream)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

I’m with you.

She doesn’t have a ‘dog in the fight’.


3 posted on 05/02/2007 3:52:39 PM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
"The city should not have the right to take away somebody's car for these relatively minor crimes, he said Tuesday."

Should not? Ooooh. Tough legalese.

4 posted on 05/02/2007 3:53:01 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

I don’t quite understand either. Can you ping me when further develops?


5 posted on 05/02/2007 3:53:46 PM PDT by Enterprise (I can't talk about liberals anymore because some of the words will get me sent to rehab.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Enterprise

I’ll try.


6 posted on 05/02/2007 3:55:57 PM PDT by SmithL (si vis pacem, para bellum)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SmithL

“...the seizure law has proven to be an effective crime-fighting tool...”

So would summary executions but who would argue that the punishment fit the crime? The seizures don’t, either. It seems to me that any citizen who believes a law to be unconstitutional would have standing.


7 posted on 05/02/2007 3:56:20 PM PDT by beelzepug (...making a sound like Lurch)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
O'Connell never had her car seized but filed the suit as a concerned citizen who objected to Stockton's seizure law, said her lawyer, Mark Clausen.

Good for her. Confiscating a car for trying to buy unconstitutionally prohibited goods or services is "unreasonable seizure" under the 4th Amendment.

8 posted on 05/02/2007 3:58:04 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
[ Post Reply | Private Reply | To 1 | View Replies]

To: beelzepug

I’m not a lawyer, and I don’t even play one on TV, but I know I’ve read about cases being thrown out because the suing party hadn’t proved that they were the ones who had been injured.

However, if you read the entire article, it sure looks like a repulsive shake-down racket by the city.


9 posted on 05/02/2007 4:00:35 PM PDT by SmithL (si vis pacem, para bellum)
[ Post Reply | Private Reply | To 7 | View Replies]

To: tpaine

Ditto that.


10 posted on 05/02/2007 4:01:22 PM PDT by CounterCounterCulture (One banana, two banana, three banana, four... four bananas make a bunch and so do many more...)
[ Post Reply | Private Reply | To 8 | View Replies]

To: SmithL
but I know I’ve read about cases being thrown out because the suing party hadn’t proved that they were the ones who had been injured.

Unless there's something else going on here her suit is going to be dismissed for lack of standing. You have to have been injured, or be facing imminent injury, to challenge the constitutionality of a law. Even if she claimed she was a drug dealer and said she might lose her car, I don't think she could sue unless & until the city tried to seize it.

11 posted on 05/02/2007 4:03:51 PM PDT by BearCub
[ Post Reply | Private Reply | To 9 | View Replies]

To: beelzepug
It seems to me that any citizen who believes a law to be unconstitutional would have standing.

Many here at FR believe that any citizen, [who dares consider that a law passed by a majority may not be constitutional], -- should not be allowed to even say so, much less have legal standing in a court.

12 posted on 05/02/2007 4:09:39 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
[ Post Reply | Private Reply | To 7 | View Replies]

To: SmithL

The way I see it, her dog in the fight is the violation of the 4th amendment. Soliciting prostitution is a misdemeanor, I don’t think anyone wants all misdemeanors to suddenly qualify for property seizure, I know I sure don’t, even though I have no plans to commit one.


13 posted on 05/02/2007 4:10:01 PM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BearCub

“You have to have been injured, or be facing imminent injury, to challenge the constitutionality of a law.”

Certainly that would be true in a civil matter, especially if you were trying to claim some sort of monetary damages, although the ACLU always seems to manage that, but I don’t see how one citizen, seeing another being subjected to unconstitutional punishment, cannot claim to be affected. What can be done to one, if nobody steps forward, can happen to all (think weapons confiscation, for starters).


14 posted on 05/02/2007 4:11:29 PM PDT by beelzepug (...making a sound like Lurch)
[ Post Reply | Private Reply | To 11 | View Replies]

To: SmithL

News from Meth Valley.


15 posted on 05/02/2007 4:12:28 PM PDT by BurbankKarl
[ Post Reply | Private Reply | To 1 | View Replies]

To: tpaine

Actually, it isn’t. If, I remember correctly, there was a Supreme Court case where a guy used the family car to pickup hookers - it was confiscated. His wife sued to get the family car back and lost. Property used to commit a crime is forfeited under the law of deodand.


16 posted on 05/02/2007 4:13:15 PM PDT by Howard Jarvis Admirer (Howard Jarvis, the foe of the tax collector and friend of the California homeowner)
[ Post Reply | Private Reply | To 8 | View Replies]

To: SmithL

There’s an exception to the standing doctrine if she can show the law will have a chilling effect on some constitutional right. Not sure how she’ll show that though.


17 posted on 05/02/2007 4:14:27 PM PDT by somniferum (Annoy a liberal.. Work hard and be happy.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Howard Jarvis Admirer
guy used the family car to pickup hookers - it was confiscated

Scoring BJ's in the old Vista Cruiser - I'm sure losing the car was the least of this guy's problems.

18 posted on 05/02/2007 4:18:20 PM PDT by keat (You know who I feel bad for? Arab-Americans who truly want to get into crop-dusting.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Howard Jarvis Admirer
O'Connell never had her car seized but filed the suit as a concerned citizen who objected to Stockton's seizure law, said her lawyer, Mark Clausen.

Good for her. Confiscating a car for trying to buy unconstitutionally prohibited goods or services is "unreasonable seizure" under the 4th Amendment.

Actually, it isn't.

You don't agree that the 4th enumerates our right to be protected from "unreasonable seizures"?

If, I remember correctly, there was a Supreme Court case where a guy used the family car to pickup hookers - it was confiscated. His wife sued to get the family car back and lost. Property used to commit a crime is forfeited under the law of deodand.

Well "unreasonable seizures" are not to be allowed by the Law of the Land, - the 4th. -- And if I remember correctly, the USSC makes a ~lot~ of questionable 'rulings'.

19 posted on 05/02/2007 4:30:51 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
[ Post Reply | Private Reply | To 16 | View Replies]

To: SmithL
Another problem, according to Clausen, is that the city is not auctioning the cars off as they should. Instead city officials are selling them back to the suspected drug dealers and clients of prostitutes for $1000 or so, which results in the city not having to pay storage costs
20 posted on 05/02/2007 4:31:01 PM PDT by Minutemen ("It's a Religion of Peace")
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-31 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson