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News (Media Awareness Project) - US CA: Editorial: Unfair If Not Illegal
Title:US CA: Editorial: Unfair If Not Illegal
Published On:2000-10-20
Source:Press Democrat, The (CA)
Fetched On:2008-09-03 04:46:28
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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