NC to seize vehicles that don't pull over instantly

[AMonger]

Sure am glad the government isn't, like, out of control or anything. They never abuse asset forfeiture.

Oh, wait, the D12 will applaud this, won't they?...

Here's the link if people don't like the formatting: www.thenewspaper.com/news/35/3532.asp

North Carolina to Seize
Speeding Cars That Fail to
Pull Over
Police to seize and sell
motorcycles and cars accused
of eluding arrest.
Beginning December 1, North
Carolina will join Australia in
having laws on the book
mandating the seizure of
vehicles for certain speeding
offenses. On June 23,
Governor Bev Perdue (D)
signed the "Run and You're
Done" bill into law which
authorizes a county sheriff to
take and hold the car of
anyone accused -- not
convicted -- of speeding away
from a police officer. The
state House and Senate
passed the measure
unanimously.
Under the new law, the
confiscation becomes
permanent if a judge believes
the car or motorcycle was
used to elude a police officer
while speeding more than 15
MPH over the limit with at
least one other aggravating
factor, such as having
someone under 12 years old
in the vehicle or the vehicle
was at some point in a
highway work zone,
regardless of whether any
workers are present.

Now, what kind of anarchist could oppose this, right? We don't want lawlessness in our streets, criminal scumbags endangering the children of our great nation because they want to play Dukes of Hazzard or Smokey and the Bandit, do we? Only a real dangerous criminal doesn't pull over instantly, right?

Well, not so fast...

Such charges could apply to drivers who have done
nothing seriously wrong. In
2009, a Minnesota State
rammed the minivan of a man
accused of not using his turn
signal, then arrested him for
"eluding police" because he
took less than a minute to
find a place to pull over that
was not covered in snow. He
had his three small children in
the car at the time. In 2008, a
woman drove less than 10
MPH over the limit followed
the general advice of waiting
to find a well-lit area before
pulling over. She was arrested
by Greene County, Missouri
police and only escaped charges
when the incident hit the news.
Conviction under "Run and
You're Done" brings revenue
to the police agency
responsible for the seizure.
The entity responsible for
selling the vehicle will keep
seizure fees, storage fees and
sales fees. The remainder of
the profit is distributed to the
county government like a
normal fine.
Under the new law, the
vehicle can be seized and sold
even if the actual owner of
the vehicle is unaware of its
use for speeding. Police only
need to place a legal
advertisement in a newspaper
on two occasions and paste
up three handbills near the
place of seizure before selling
the car. The process can be
done in 24 days. A court clerk
has the discretion to release a
car to anyone he believes
might be an "innocent
owner."
A special provision forbids the
sale of highly modified
performance vehicles. These,
instead, are to be "turned
over to such governmental
agency or public official
within the territorial
jurisdiction of the court as the
court shall see fit, to be used
in the performance of official
duties only."
A copy of the legislation is
available in a 70k PDF file at
the source link below.
Source: House Bill 427 (North
Carolina General Assembly,
6/23 /2011)

And the agency making the seizure profits off it...that'll never be misused, I'm sure.

 

[greg334]

Maybe I am wrong or just heard it wrong but some time ago there was a case where a crime was committed, the guy found not guilty but the cops refused to return his gun. I think he sued and got the gun back.

 

[Tennesseahawk]

ANYTIME an agency gets to keep the spoils of their confiscations, there will be abuse. Watch for it.

Oh no... police have it so hard. We should just do what they say, cause it's such a hard job. BS! My gf left me, my dog has diarrhea, and my goldfish ate my cat. I've got it bad too!

 

[scottm4211]

Hawk if you give the dog some rice it'll firm things up back there :waves:

 

[EASYTRADER]

Greg - the gun seizure thing happens all the time. It happened to my brother. The police took two pistols from his home because his ex wife accused him of child abuse. He was never prosecutted or arrested the officers reported no evidence of abuse, but they took his guns anyway. In CA good luck getting them back.

Posted with my Droid EO Forum App

 

[Tennesseahawk]

Greg - the gun seizure thing happens all the time. It happened to my brother. The police took two pistols from his home because his ex wife accused him of child abuse. He was never prosecutted or arrested the officers reported no evidence of abuse, but they took his guns anyway. In CA good luck getting them back.

Posted with my Droid EO Forum App

In CA, or anywhere else, I'd say, "Get a warrant!"

Also, if you have no receipt, you have no proof they took them. They probably sold your brother's guns.