CA judge: Unconstitutional seizures "necessary"

The ruling in the article cited below affects all of California, but the story focuses on the town of Escondido...perhaps you remember a while back when I posted about the illegal car stops, searches and seizures in Escondido, and all the local residents there who were championing such actions.

Judge dismisses suit challenging 30-day impound law

Excerpts:

A federal judge this week dismissed a lawsuit challenging a state law that allows cities to impound cars for up to 30 days when people are caught driving without a license.

U.S. District Court Judge S. James Otero said in his ruling Monday that taking a vehicle temporarily is within the spirit of the law and is necessary to protect the health and safety of "Californians from the harm of unlicensed drivers."

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The plaintiffs argued that the state's mandatory 30-day impound law was unconstitutional because it constituted an unreasonable seizure. The court disagreed.

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Cynthia Anderson-Barker, one of the attorneys for the plaintiffs, said the judge issued a narrow ruling by saying that the cities were following the state law, but he avoided addressing whether the law was constitutional. She said the plaintiffs would appeal the decision.

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"Just because it's legal doesn't make it right," said Bill Flores, a spokesman of El Grupo, a North County-based umbrella organization of civil rights groups.

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Escondido was singled out in the lawsuit because it is one of the cities that is most strictly enforcing the law, attorneys for the plaintiffs said.

In the last three years, the Escondido Police Department has seized nearly 10,000 vehicles from unlicensed drivers, more than double the number of vehicles impounded by Oceanside, according to city records.

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In their lawsuit, the plaintiffs cited a 2005 ruling by the 9th Circuit U.S. Court of Appeals involving an Oregon law. The court found that towing a vehicle merely because a driver is unlicensed is an unreasonable seizure absent a showing that the vehicle posed a threat to public safety.

However, in his ruling, Judge Otero agreed with the defendants that the Oregon case did not apply because "Oregon classifies driving without a license as a traffic violation and not as a traffic crime." Driving without a license is a misdemeanor crime in California.

(...)

To get their vehicles back, the owners typically must pay as much as $1,200 in towing and storage fees. Those fees have generated nearly $10 million for the city and the towing companies during the last three years, according to city records.

Escondido Councilman Sam Abed said the judge's ruling vindicates the city's policy of strict enforcement.

"It's good news for the city because we are doing the right thing," Abed said. "I don't think it's just a moneymaking business. My goal is not financial. It's taking unsafe drivers off our streets."