Police seizing cars in LA without due process


If you smell guilty and are near a prostitute, you can lose your car
I am sorry to say that more and more, some police departments look like a crime family.

Police officers acting like prostitutes in Los Angeles, California are not looking to take money from their street walking, they're looking to take their cars. Since 2003, they have seized over 500 cars with the department's cut being $325,000 in profit and the remainder going to the city attorney's office.

The program takes advantage of a December 2002 municipal ordinance that allows police to seize the vehicle of anyone accused -- not convicted -- of soliciting a prostitute. That accusation can be based on the vaguest of exchanges with the "trick task force" member.

"You just know," a 38-year-old officer identified only as Heather told the Los Angeles Daily News. "You look. You see. You smell it."

Once seized, vehicles are held by the city until a civil hearing is held. In this hearing, the traditional rules of evidence and burden of proof do not apply. Instead, the city only needs to prove its case with a "preponderance of the evidence," not establish its case "beyond a reasonable doubt," in order to keep the car. The city attorney then will offer to sell back the car to its owner through a settlement offer. If the settlement is not accepted, the city will auction the car and keep the proceeds. The Los Angeles Police Department plans operate its car seizure sting at least once a month through October.

Leaving aside the whole issue of vice crimes (and believe me, that is a huge concession), how is this different from theft or extortion?

The only difference is that it is a police department doing it.

They don't even have to "convict" you of a crime. They just have to accuse you.

Private property is at risk not because of a crime, but because you smell guilty.

Hat tip Nobody's Business.

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— NeoWayland

Posted: Tue - August 8, 2006 at 04:47 AM  Tag


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