Thread: 3 SOCAL COUNTIES SEEK DISMISSAL OF "IMPOUND LAWSUIT

Counties seek dismissal of impound lawsuit

By: EDWARD SIFUENTES - Staff Writer

NORTH COUNTY TIMES
JULY 22, 2007

ESCONDIDO ---- Three Southern California counties and several cities have recently sought to dismiss a class action lawsuit that would prevent state and local law enforcement agencies, including the Escondido Police Department, from impounding cars driven by unlicensed drivers.

A number of drivers whose cars were impounded sued their cities and counties earlier this year with the help of civil rights attorneys. An Escondido man was among them.

They asserted that the impounding of the cars of unlicensed drivers, especially for a mandatory minimum of 30 days, violates drivers' rights to due process and protection from unreasonable search and seizure.

If a car can be safely parked or picked up by a licensed driver, plaintiffs say, there is no legal reason to tow it.

Attorneys for Los Angeles, Orange and Riverside counties said in court documents filed last month that the lawsuit was "fundamentally flawed" because a state law requires officers to impound vehicles whose drivers are not properly licensed.

The lawsuit, filed in March in U.S. District Court in Los Angeles, names as defendants Gov. Arnold Schwarzenegger, Orange County, and the cities of Escondido, Maywood and Los Angeles. The plaintiffs are represented by three Los Angeles civil rights law firms.

Attorneys for the plaintiffs said impounding cars has particularly affected recent immigrants who have difficulty obtaining driver's licenses or those who hold licenses from other states or countries. Illegal immigrants are ineligible for driver's licenses in California.

The police practice of impounding vehicles of unlicensed drivers has become a widespread concern among Latino rights activists who say immigrants are targeted by the impound provisions.

"We've heard a lot of complaints from the Latino community," said Bill Flores, spokesman for El Grupo, an umbrella organization that includes several civil and Latino rights groups in San Diego County.

Escondido City Attorney Jeffrey Epp could not be reached for comment. Escondido police officials said Friday through a spokesman that they could not comment because of the ongoing lawsuit. Epp said in a previous interview that the department follows proper procedures.

Attorneys for the counties wrote in their motion to dismiss the lawsuit that police are acting within the law by removing the cars.

"In addition to preventing the unlicensed driver from continuing to drive, they may also impound the vehicle driven by the unlicensed driver, without a warrant, whenever necessary either to remove the vehicle from traffic or to safeguard the vehicle from theft and vandalism," according to court documents.

Donald Cook, an attorney for the plaintiffs, said the judge is expected to make a decision July 30 or soon after.

Cook said it is unconstitutional to impound someone's vehicle simply for driving without a license. He said many municipalities compound the problem by holding cars for 30 days before releasing them to their owners.

Impound fees typically run up to $1,500, which can sometimes surpass the value of an impounded car, and owners often forfeit their cars rather than pay the impound fees, attorneys for the plaintiffs said.

Moreover, he said some cities charge excessive administrative fees, up to $400, to release the car.

"These practices of impounding vehicles where there is no reason to do so ... affects those people least able to afford it," Cook said.

In the case of the Escondido plaintiff, Efren Ruiz, the lawsuit charges that Escondido police officers on Feb. 16 stopped a vehicle owned by Ruiz that was being driven by an unlicensed friend. The police had the car towed and impounded for 30 days. But in that time, it was repossessed by a financing company, according to the lawsuit.

The plaintiffs may have an unlikely ally.

In January, the California Police Chiefs Association, an organization that represents municipal law enforcement agencies, released a memo telling its members that it was illegal to impound vehicles from people whose only violation was driving without a license when the vehicle did not create a traffic hazard.

The memo was an assessment of a 9th Circuit U.S. Court of Appeals decision.

"The court held that a city ordinance, authorized by a state statute, which allowed an officer to tow a vehicle merely because the driver was unlicensed, was an unreasonable seizure absent a showing that the vehicle was a threat to public safety," according to the memo written by the association's legal counsel, Martin J. Mayer.

The Escondido Police Department has relied heavily in recent years on grants from the California Office of Traffic Safety to fund more sobriety, driver's license and seat belt compliance checkpoints, which have resulted in hundreds of cars being impounded.

At least 1,376 vehicles have been impounded so far in Escondido at checkpoints under the grants in the last 3 1/2 years, according to the state Office of Traffic Safety. That doesn't include impounds during sweeps, saturation patrols and stings.

When those operations are included, police impounded 1,685 vehicles during the first six months of the current grant.

Jo Moreland contributed to this report. Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

http://www.nctimes.com/articles/2007/07 ... ogcomments

Once again we see the inability of those that came here illegally to accept the consequences of their actions. If they don't want their vehicles impounded DON'T DRIVE WITHOUT A LICENSE! How hard is that to understand? I know this is usually followed by a "But we can't get a license because we are illegal and we have to drive to get to our job that Americans don't want because they pay so little!" I answer this with, "Consequences, this is the result of doing something illegal. Its just like telling a lie. One lie perpetuates another and so on. Illegal activity perpetuates more illegal activity and so on." So the answer is if you don't want to suffer the consequences don't do it!

Yea, they send someone or a company to go get it so they can get back in it without a driver's license.

Dixie

Need some help here!
So far they are only posting the liberal pro Illegal Alien comments.



Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

Lokal Yokal wrote on Jul 21, 2007 11:48 PM:" If your unlicensed 19 year-old kid borrows your car and your car gets impounded for 30 days, what good was this? The wrong person is being punished. "

Bad Law wrote on Jul 21, 2007 11:48 PM:" Unfortunately, police agencies are getting caught in the middle of a bad law passed by the California Legislature. Hopefully this lawsuit resolves this issue. "

Watcher wrote on Jul 22, 2007 12:36 AM:" This is a complicated issue with no easy answers. The one sentence that really stands out is this one:***"The court held that a city ordinance, authorized by a state statute, which allowed an officer to tow a vehicle merely because the driver was unlicensed, was an unreasonable seizure absent a showing that the vehicle was a threat to public safety," according to the memo written by the association's legal counsel, Martin J. Mayer.*** It seems to me that a vehicle being driven by an unlicensed driver IS a threat to public safety because the driver is, uh, unlicensed. Then again, plenty of people with licenses drive like idiots and create a danger themselves; doesn't matter if the driver is white, black, Mexican or any other ethnicity. That being said, it's fairly obvious that the whole program is set up to target illegal immigrants and inconvenience them as much as possible. Anyone out there got a reality-based solution? And please don't say "send em all home" because we should all know by now that that isn't a reality-based solution. If you just want to whine and moan, please don't bother responding. "

JA wrote on Jul 22, 2007 8:23 AM:" Where does all that money go? Someone is making obscene profits. "

Ingrid wrote on Jul 22, 2007 8:26 AM:" Another slow week for the blogs, That is until Edward writes another Sunday Story. "

Add Your Comments or Letter to the Editor

http://www.nctimes.com/articles/2007/07 ... _21_07.txt

This is`nt new. They tried that in San Bernardino County and they succeeded in making the law enforcement take down "DUI check points" on Holidays because too many "unlicensed, uninsured, and unregisterd Illegals were having their vehicles impounded!
Any Judge, Mayor or City/County official that appoves any change in the laws, just because it`s inconvenient to Illegal Immigants, should be thrown out of office and stipped of any and all assets and retirement pention.

We like to think they know they are breaking the law - they do know it. What they don't know is there are consequences - because we haven't made them experience those consequences.

Another thing, I am convinced that people who have come from a more corrupt society or a less free society, do not understand the importance of obeying laws so a free society can continue to exist. Sadly, some of our Americans have developed the idea that 'if you can get away with it, it's OK'.

Our freedom depends on our obeying our laws and when one doesn't, one should be punished or removed - depending on the transgression.
A free country just doesn't happen - it is built and nurtured. It is maintained and sustained by law abiding citizens who respect each other and the rule of law.

These are things I don't know if we can teach in one or two generations - especially if we begin by making excuses or allowances for them.

I'm really getting sick of people wanting us to change our laws to suit illegal aliens, and the politicians who stick up for these changes. Next they will be changing our Constitution.

Originally Posted by tinybobidaho

I'm really getting sick of people wanting us to change our laws to suit illegal aliens, and the politicians who stick up for these changes.

Code:

Next they will be changing our Constitution

.

That`s already happening.

I can see why there is no law and order in Mexico and all points beyond, these people can not stand laws, fine, go home and you won't be breaking the law.

They should impound the car!! They also should be deported when caught driving with out a drivers license and then the impounded car really would not matter would it , since they would be in a different country than the car!! And in the country they belong in, not this one!


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Not only should they impound the car, they should deport the person, fine the employer (first offense - jail time next). There is no excuse for this.