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I was told the following letter has worked on many occasions in California. You will have to modify it with the applicable Minn. Case Law and Vehicle Code Sections.
THIS ONE MUST BE EDITED TO FIT THE CIRCUMSTANCES OF EACH SEIZURE, DO NOT MIX THE ARGUMENTS.
COMES NOW, Citizen , who submits the following request for return of private property. This request is based upon the following facts:
1. My personal property (automobile) was seized by the Police Department for an alledged violation of California Motor Vehicle Code, Section 4000(a).
2. The property taken by the Sheriff's Department is my private property, and not a "Motor Vehicle" as described in the regulation.
2. The Corporate State of California does not have any interest in my private property.
3. There is no law that will allow the corporate State to take the private property of a Citizen of one of the several states, without a valid search and seizure warrant, or without any other legal court process.
4. Law enforcement officers do have authority to seize and recover the property in which the state has an interest. But, in this particular incident the State does not have any interest in my personal property. As a Citizen of California, there is no law that can compel me to surrender ownership of my private property to the state.
5. According the Attorney General's Opinions Volume 69, page 36 (copy attached). The seizing agency is responsible for all towing and storage charges. Gershenhorn v. Superior Ct, (1964) 227 Cal. App2d. 361. While is true that the Vehicle Code permits law enforcement officers to impound the property in which the state has an interest California Motor Vehicle Code, Section 22651 et.seq., these vehilces are treated as being repossessed, (Vehicles that are registered and power of attorney has been surrendered to the state over such vehicle). In this particular case the state does not have any interest in the personal property of a Citizen of California.
6. In addition, the California Appellate Court in Spilman v. C.H.P., 212 Cal.App. 59, 260 Cal.Rptr. 400 (July 1989) stated that law enforcemnt officers have the authority to require proof of registration, or it may proceed with a criminal action, but it may not do both. Thus, by issuing a notice to appear, it held that the CHP was precluded from requiring the owner to also provide proff of registration as a condition precedent to release of the automobile.
7. The California Motor Vehicle Code is predicated upon the Uniform Traffic Laws established by the federal Government, therefore the definitions established by the U.S. Code apply to the Vehicle Code:
Title 18 U.S.C. Section 31, Defintions
"Motor vehicle", means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial puroses on the highways in the transpoortation of passengers, or passengers and property.
"used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.
The Accused's personal property, which is used solely for pleasure and traveling from point A to point B does not fit within the above defintions. Therefore, there is no requirement to register personal property not involved in commercial activity.
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"A truth's initial commotion is directly proportional to how deeply the lie was believed. When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker, a raving lunatic." --Dresden James
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