ACLU CHALLENGES OAKLAND SEIZURE ORDINANCE

OAKLAND, Calif. (AP) -- The American Civil Liberties Union sued Oakland on
Tuesday to overturn an ordinance allowing police to seize the cars of
suspected drug buyers and prostitution customers.

The ordinance took effect last September and is being closely watched by
officials in several other cities and counties. The ACLU said it violates
state laws that limit property forfeitures and require criminal convictions
before seizures. The city said state law imposes no such requirement.

"It is understandable that Oakland should take measures to deter crimes in
its neighborhoods," ACLU lawyer Alan Schlosser said in a statement.
"However, ignoring basic legal standards established by the Legislature to
protect individual rights and innocent people is the wrong way to pursue
this goal."

Deputy City Attorney Marcia Meyers said the city considers the ordinance
"legal and enforceable."

Alameda County Superior Court Judge Henry Needham scheduled a hearing Sept.
24 after denying the ACLU's request for an earlier hearing on whether to
block enforcement.

The ordinance allows police to seize vehicles used to acquire any illegal
drugs or solicit prostitution. The owner has 10 days to seek recovery, and
the city must then prove, by a majority of the evidence, that the vehicle
was used for the specified illegal purpose. The city then can sell the
vehicle and use the proceeds for law enforcement.

The forfeiture proceedings are separate from any criminal charges against
the owner. Criminal charges must be proven beyond a reasonable doubt, a
higher standard than a majority of the evidence; as a result, the city could
keep vehicles in some cases if the owner was acquitted or never charged.

The ACLU said it had obtained city records showing at least 17 vehicle
seizures in the last few months involved the attempted purchase of $10 to
$30 worth of marijuana, a crime punishable by a $100 fine.

In March, Legislative Counsel Bion Gregory's office, the Legislature's legal
adviser, issued a non-binding opinion saying the Oakland ordinance
conflicted with state law.

One law cited by the opinion allows certain cities, including Oakland, to
pass ordinances allowing seizures of cars used for solicting prostitution.
But seizures are allowed only if the owner has been convicted, and the
vehicle can be held for no more than 48 hours.

Another state law allows forfeiture of vehicles used to buy illegal drugs.
But, the counsel's opinion said, it also requires a criminal conviction and
applies only to the purchase of large amounts of drugs -- 14.25 grams of
heroin or crack cocaine, or 10 pounds of marijuana. Oakland's ordinance
covers the purchase of any type or amount of illegal drugs.

Meyers, the city's lawyer, said the counsel's opinion and the ACLU's suit
misinterpreted state law. She said the state authorizes such local
ordinances as "nuisance abatement" measures and allows property forfeitures
without criminal convictions.

Checked-by: Melodi Cornett