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 Fax: (707) 521-5305 Feedback: http://www.pressdemocrat.com/opinion/letform.html Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ 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. - --- MAP posted-by: Keith Brilhart