Pubdate: Fri, 20 Oct 2000
Source: Press Democrat, The (CA)
Copyright: 2000 The Press Democrat
Contact:  Letters Editor, P. O. Box 569, Santa Rosa CA 95402
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UNFAIR IF NOT UNLAWFUL

It's outrageous to think that there are communities in California where 
someone could be arrested on suspicion of selling drugs and have their car 
impounded and sold -- even if the person is later found innocent.

But those communities do exist, and thanks to a decision by the state 
Supreme Court Wednesday to duck the issue, their numbers are about to increase.

Under an Oakland law, authorities may seize the vehicles of people 
suspected of dealing drugs or soliciting prostitutes, sell them and keep 
the profits. This is true even if the owner wasn't in the car at the time 
and was not aware of, or did not support, the activity.

The Oakland law clashes with state and federal forfeiture laws which 
generally forbid seizures of cars from innocent parties. The state Supreme 
Court's decision not to review a lower court ruling upholding the Oakland 
ordinance leaves widespread confusion over the bounds of law -- and fairness.

Worse, the message is now out on how cash-starved communities in California 
can make some easy cash. To heck with habeas corpus: carpe cars.
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MAP posted-by: Keith Brilhart