Authorities investigating the abduction and death of a teenage girl in Moreno Valley, California have searched a nearby home and seized a vehicle that may be connected to the crime.
If police stop a vehicle, then the vehicle's passengers as well as its driver are deemed to have been seized from the moment the car comes to a halt, and the. At each checkpoint, police would stop a set number of vehicles. Edmond, decided in , it ruled that a search or seizure conducted “in . of the three of illegal conduct, but they frisk the teen anyway and find a gun on him.
After her sister reported her missing, detectives located her purse in a vacant field near the school. Signs of a struggle could also be found in the field. A witness said that a green SUV had sped away from the area around the time of the kidnapping. Twitter Facebook E-mail Share Comments.
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CNN legal analyst and consumer attorney, Brian Kabateck, says the law is intended to protect the public. But not all people who have their property taken away are charged with a crime.
Unlike criminal forfeiture, the civil law allows authorities to seize property without the owner ever being convicted or even charged. In North Carolina property can be forfeited only if the property owner is actually convicted of a crime.
This is not so in other states. Civil liberties attorneys with the Institute for Justice, who recently filed a class action lawsuit against Philadelphia authorities for abusing the law, say, "Civil forfeiture is something that is an assault upon fundamental notions of private property ownership and due process. But Kabateck disagrees, "It's a good law.
It works. That doesn't mean that it doesn't sometimes have issues that need to be corrected. The system constantly has to change.
In Pennsylvania, the City of Brotherly Love is far and away the most aggressive in the state when it comes to people's property. Over a four-year period, Allegheny County, the second largest county in Pennsylvania, filed about petitions for civil forfeiture. Philadelphia filed nearly 7, petitions in one year alone, according to the class action lawsuit, in which the Sourvelises are plaintiffs, along with other Philadelphia citizens.
The very authorities taking the property appear to be profiting from it, according to Pennsylvania state records. In that same time period, records show the D.
The Philadelphia District Attorney's office told CNN it seizes property only as a last resort, and added that it is limited in what it can currently say because of the pending litigation.