"Inventory Searches": How Scummy Texas Cops Search Cars And Seize Your Possessions Under The Color Of Law (While Violating The Constitution)
Andrew Fleischman writes at Mimesis Law:
Inventory searches allow police to search a car to make an "inventory" of everything inside, to make sure that there are no claims that something is missing after the search. There are only two problems with these inventories. First, police have no liability at all if something is stolen, and thus no incentive to perform the inventory except to discovery contraband. Second, they rarely actually create an inventory. They usually just find drugs and stop looking.
Here's the story of a man whose vehicle was searched -- supposedly -- merely for, cough, inventorying purposes:
Miguel Herrerra was illegally stopped and arrested by police while driving in his 2004 Lincoln Navigator. The car was seized and "inventory searched." The police found drugs. So Herrerra filed a motion to suppress in his criminal case. He won.When he asked for his car back, Texas decided it would rather keep the Navigator for itself, and moved to forfeit the car. Herrerra objected, pointing out that if the State couldn't keep its wrongful proceeds for the criminal case, it should simply turn the car back over to him.
Herrerra won at the trial court. He won at the Texas Court of Appeals. And then he got to the Supreme Court of Texas, who proceeded to jam a bowie knife into his claim. Sure, the Court ruled, you can stop the State from using your car as evidence against you in a criminal trial. But this here case is civil, so Texas gets to keep the stuff it stole.
And this is exactly right:
Every wrongful search is a crime. Holding an innocent person without a case against him is false imprisonment. Arresting him unlawfully is kidnapping. Entering his home to steal his possessions is a burglary. And in every other facet of American law, the rule is clear: criminals should not profit from their crimes.But once again we come to the exception. The rule of law is for the protection of our governors, not the governed.
And don't forget Oklahoma. They've got this down so good, traffic cops are bringing CARD READERS with them to be able to swipe and take anything they find on pre-paid debit cards.
http://www.foxnews.com/tech/2016/06/17/oklahomas-use-card-readers-to-freeze-seize-funds-comes-under-fire.html?intcmp=hpbt2
gooseegg at June 17, 2016 6:50 AM
Countdown to blog comments slamming California...
Gog_Magog_Carpet_Reclaimers at June 17, 2016 8:00 AM
It's at a point when I read your blog that there's a constant underlying despair.
And this article reminds me why. This will continue to happen and will eventually spread to all states, and there is nothing anyone can do to stop it.
Some might say, "Well, we'll vote out those elected officials who support this."
No, you won't.
The idealistic among us might suggest, "The people will rise up and put a stop to this government corruption."
No, they won't.
Sharing this article serves no purpose but foreshadowing. But if you're actually so clueless as to think there's something to be done about this, I can only feel cynically amused at your naivete.
Patrick at June 17, 2016 8:10 AM
The rule of law and due process no longer exist in the US. The authorities are empowered by the same principle as any other criminal gang of thieves, those with the most force do whatever they want, with impunity.
The fourth amendment is dead, the second is on its way out and the first can't be far behind.
dervish at June 17, 2016 11:10 AM
There is one change that would stop all of this instantly. Don't let the cops keep what they take. Once they can't benefit from their crimes they won't commit them.
Ben at June 20, 2016 5:25 AM
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