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From: levy@ttrdc.UUCP (Daniel R. Levy)
Newsgroups: net.flame,net.politics,net.legal,net.auto
Subject: Re: Re: DWI Crackdowns
Message-ID: <304@ttrdc.UUCP>
Date: Sat, 27-Jul-85 18:06:15 EDT
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Posted: Sat Jul 27 18:06:15 1985
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>
>As to the idea that an automobile cannot be confiscated because it is
>private property and property owners have certain rights, there are
>many laws which say this can, and indeed is, be done.  In New Jersey,
>and many other states, there are laws on the books which state that
>any vehicle used in the commission of a crime can be confiscated and
 ^^^^^^^^^^^ 
>sold by the state.  The most noticeable incidence of this is the
>confiscating of vehilces (cars, trucks, boats, aircraft) used transport
>illegal controled substances (drugs).  Here in New Jersey, there are
>state run auctions to sell off the autos collected during the year
>which were used in the commission of a crime.
>
>T. C. Wheeler
>

Please clarify (I have no free access to legal eagles).  Is not "due process"
(i.e., a finding in court) required to do this?  What if the vehicle was stolen?
What if it is borrowed from someone unaware of the sinister purpose to which the
vehicle was put?   What if it is rented?  If this is allowed I am shocked, but
(sadly) not surprised.  Laws like this sound like they were drafted by some-
body like you, who would punish the innocent along with the guilty.  (If the
confiscation is limited to items owned by persons who are knowing parties to
the crime in question, that's another story.)
-- 
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|        skokie, illinois        |
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