Short Civil Forfeiture Article

https://www.yahoo.com/news/truck-seized-over-munitions-war-041409476.html

Excerpt:

Serrano might get some support from at least one justice. While an appeals court judge in New York, Justice Sonia Sotomayor wrote an opinion requiring New York City to hold prompt hearings when police seized cars. “It is this intermediate deprivation, lasting months or sometimes years without any prompt hearing before a neutral fact-finder, that we deem constitutionally infirm," Sotomayor wrote in 2002.

Around 1988, a friend was pulled over on a moped for not having the tag it needed. Cops took the thing and gave him a ticket that was three weeks out. He went to court and the hearing was postponed when the cop didn't show up, rescheduled for two weeks later. Two weeks goes by and they have the hearing. Kevin produces the needed paperwork and the ticket is dismissed. They tell him where the thing is impounded and I drive him to get it. Only thing was they wanted $10 day storage for the five weeks it was there. The smart thing would have been to wait another few weeks and buy it back at auction but he paid about $350 for storing something that was $600 new.

Huge CATCH-22 for your friend. Sucks.....

Feds Seize 1,000 Safe Deposit Boxes w/One Warrant - Ep. 7.412 - YouTube
https://www.youtube.com/watch?v=oy3623YRsMk

Cops Seize $40K from Man Going to Buy Truck - Ep. 7.409 - YouTube
https://www.youtube.com/watch?v=c6n5fyFfhWU

The next step is an administrative claim against the city for reimbursement of the storage fee as well as reasonable damages for unjust deprivation of use of his vehicle. Visit the city clerk for the claim form.

At trial for his citation, Mr. Moped was essentially found innocent as a continuation of the initial presumption of his innocence which was not overcome by the prosecution. Moreover, he was not a party to the original contract for impoundment and should bear no liability.

After his administrative claim is routinely denied, Mr. Moped would proceed to, then prevail in, Small Claims court. He must discover the city agent for service of process, serve a copy of his filed judicial complaint, and write out his story for addition to his court file. The Small Claims judges prefer to read papers rather than to listen to moron civilians.

Mr. Moped could use his judgment against the city creatively if he savors vengeance. That would be another story.

Quote: pwcrabb

Mr. Moped could use his judgment against the city creatively if he savors vengeance. That would be another story.

elaborate?