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Supreme Court to Look at Chicago Police Car Seizure Practices
Produced by Rob Wildeboer on Tuesday, October 13, 2009
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Today the U.S. Supreme Court is scheduled to review the way the city of Chicago seizes and impounds cars.
When police confiscate a car that's allegedly been used in a crime, they can hold the car for 52 days to investigate and then prosecutors get another 45 days to decide how they'll proceed. For law enforcement, seizing cars is a good way to hit drug dealers where it hurts, in their pocket books.
But attorneys challenging the law point to cases where Grandma lets her grandson borrow the car and then he gets picked up for a drug crime and the car is seized. Now Grandma has no way to get to work, maybe for months. The seventh circuit appeals court in Chicago found that due process requires some sort of a hearing so Grandma can contest the seizure.
Unhappy with that decision the Cook County State's attorney took the case to the Supreme Court. Twenty states have filed briefs supporting the state's attorney effort to keep the drug asset forfeiture laws the way they are.
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N, Old Irving Park // Tuesday, October 13, 2009 @ 10:27 PM
Dear Mr. Wildeboer:
Thank you for doing a story on the city's bad practices. The city is taking advantage of its citizens and is not following due process. You reported on a similar situation on Sept 28th where you interviewed attorney Tom Peters. Please provide your listeners with Mr. Peters' contact information. I am sure there people like myself who would like to speak to him about their situation. It is kindly appreciated.
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g, Humboldt Park // Wednesday, October 14, 2009 @ 10:06 AM
Grandma should know what her grandson is doing with her car. If you know that your vehicle will be seized then YOU take the risk.
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g, Humboldt Park // Wednesday, October 14, 2009 @ 1:31 PM
Let me get this straight 'g'...
So not only are grandmothers to keep a vigil eye on grandsons, but they are to KNOW that their car might be seized? I bet your a cop or affiliated w/ the corrupt organization known as CPD. 97 days to investigate a car? You have got to be kidding me...
Citizens of Chicago must have their day in court to contest an unlawful seizure of their property.Period.
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g2, Bowmanville // Wednesday, October 14, 2009 @ 2:48 PM
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The 4th amendment is crystal clear, this policy is unconstitutional, period
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Achmed Nadir, Wheaton // Thursday, October 15, 2009 @ 12:00 AM
Why should the Cook County Attorney stop at due process? If suspension of the Constitution is such a great law enforcement tool, why not also suspend habeus corpus and implement "enhanced interrogations?"
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