There ought to be a law

[SSG Snuggle Bunny]

Last I read the 14th Amendment, in part, says:

... nor shall any State deprive any person of life, liberty, or property, without due process of law...

Here in Colorado we have a very serious problem with people having cars impounded and the owners have to pay upwards of $2,500 to get their vehicles back even if the underlying case is adjudicated in their favor.

We recently had a rancher whose livestock was seized and she was told she either had to waive ownership so the animals could be spade, neutered and put up for adoption or she would be charged--no shit--$24,000/month while her case was pending.

If you're guilty: fine. If not, and until proven guilty, why is it costing the presumably innocent so much money?

Most people can't afford to fight these cases all the way to the SCOTUS. They are basically being extorted and there is every incentive for the state and local government to abuse this system. A new law against the government would rein this in sooner than a SCOTUS fight.

I would like to see a law that essentially says:

No person shall be assessed any charge for any property seized during the arrest or subsequent investigation while their case is still pending. The government shall do nothing to alter, destroy, employ, disperse or bestow to private parties prior to adjudication.

If the underlying charges are later proven in a court of law the government can assess all charges from the date of seizure for storage and servicing of said property.

If the charges are dropped or unproven the property will be restored to the owner whole and intact without charge to the owner within 14 business days of the initial judgment (IOW - as soon as the gavel falls the click ticks; no dragging this out over appeals).

Any government agency affecting a breach of this law will compensate the owner at four times the fair market value plus lost future revenue and enjoyment for all property lost, altered or damaged while under its control.

So what's the best way to make this happen?

[Rugnuts]

state law: become governor???
federal law: find a black person who this could help, call obummer?

[DefiantSix]

Here in Colorado we have a very serious problem with people having cars impounded and the owners have to pay upwards of $2,500 to get their vehicles back even if the underlying case is adjudicated in their favor.

Out of curiosity, what are the charges these jurisdictions - I presume our little burg is one of 'em - are using as justification for the impounds?

[SherryBaby]

Last I read the 14th Amendment, in part, says:

Here in Colorado we have a very serious problem with people having cars impounded and the owners have to pay upwards of $2,500 to get their vehicles back even if the underlying case is adjudicated in their favor.

We recently had a rancher whose livestock was seized and she was told she either had to waive ownership so the animals could be spade, neutered and put up for adoption or she would be charged--no shit--$24,000/month while her case was pending.

If you're guilty: fine. If not, and until proven guilty, why is it costing the presumably innocent so much money?

Most people can't afford to fight these cases all the way to the SCOTUS. They are basically being extorted and there is every incentive for the state and local government to abuse this system. A new law against the government would rein this in sooner than a SCOTUS fight.

I would like to see a law that essentially says:

No person shall be assessed any charge for any property seized during the arrest or subsequent investigation while their case is still pending. The government shall do nothing to alter, destroy, employ, disperse or bestow to private parties prior to adjudication.

If the underlying charges are later proven in a court of law the government can assess all charges from the date of seizure for storage and servicing of said property.

If the charges are dropped or unproven the property will be restored to the owner whole and intact without charge to the owner within 14 business days of the initial judgment (IOW - as soon as the gavel falls the click ticks; no dragging this out over appeals).

Any government agency affecting a breach of this law will compensate the owner at four times the fair market value plus lost future revenue and enjoyment for all property lost, altered or damaged while under its control.

So what's the best way to make this happen?

I've read about the case you mention, and it makes me sick, that people trump the Constitution and get away with it...so angry that it seems nothing can be done about it...this woman was absolutely railroaded...and it was all started by a spiteful civilian using a newly implemented "big brother-esque" hotline.  She needs a GOOD lawyer.  I'm keeping my fingers crossed for her!

[SSG Snuggle Bunny]

Out of curiosity, what are the charges these jurisdictions - I presume our little burg is one of 'em - are using as justification for the impounds?

A while back there was a young airmen, his name escapes me, who just returned from deployment. He was pulled over and found to be driving with an expired license. He explained to the officer federal law allowed him 90 to have it renewed as these things tend to happen when you're away 12 to 15 months on government business.

No use. The hispanic officer had his car impounded under a law meant to snag illegals driving without a valid DL.

It took a fund raiser on a local radio show to put up the impound fee. It took the radio show 2 months of embarrassing the public officials just to get that far.

[DumbAss Tanker]

Trying to get relief from State courts on this stuff is generally futile due to the judges being in it up to their eyeballs with the County officials and their contractors reaping the benefits of impounding, if not actually getting a kickback or an indirect benefit.  The only way to reform this crap without just going berserker on them is to take it into a Federal court as an 18 USC 1983 action, which involves a lot of time, money, and DEFINITELY out-of-county counsel.

[Eupher]

Jeezus, Snugs, that ain't too far removed from tyranny. 

[SSG Snuggle Bunny]

Trying to get relief from State courts on this stuff is generally futile due to the judges being in it up to their eyeballs with the County officials and their contractors reaping the benefits of impounding, if not actually getting a kickback or an indirect benefit.  The only way to reform this crap without just going berserker on them is to take it into a Federal court as an 18 USC 1983 action, which involves a lot of time, money, and DEFINITELY out-of-county counsel.

They count on that fact. That's why I want a law that compels them.

As it stands now they just adjudicate the case. "Sure, we declared you not guilty but the county impound lot is a different agency." *giggle snicker*

If they had had timelines to meet with defined penalties they'd shit you and answer before you could ask the question.

[DumbAss Tanker]

I'd really rather just unleash about 3,000 pissed-off Mongol horsemen on their asses.

[Eupher]

It's shit like this that makes me think of the Rambo: First Blood movie where he kicks Brian Dennehy's ass, blows up the town, and runs out of town piloting a deuce-and-a-half. 

[thundley4]

Trying to get relief from State courts on this stuff is generally futile due to the judges being in it up to their eyeballs with the County officials and their contractors reaping the benefits of impounding, if not actually getting a kickback or an indirect benefit.  The only way to reform this crap without just going berserker on them is to take it into a Federal court as an 18 USC 1983 action, which involves a lot of time, money, and DEFINITELY out-of-county counsel.

That's part of the problem with impound/confiscation laws,  a share of the loot goes to each of the various government agencies involved. 

[NHSparky]

That's part of the problem with impound/confiscation laws,  a share of the loot goes to each of the various government agencies involved. 

And when you take that away from them, you'll see a lot less of this crap.

[SSG Snuggle Bunny]

And when you take that away from them, you'll see a lot less of this crap.

I agree with impound laws. They serve a function. If somebody runs a drug den they should lose their house, their car, etc.

It's when innocent people are put through the wringer that we need to stop.

[thundley4]

I agree with impound laws. They serve a function. If somebody runs a drug den they should lose their house, their car, etc.

It's when innocent people are put through the wringer that we need to stop.

That's the problem though. It started with legitimate impound laws, but it has escalated and there is little recourse for innocent people.