I need help. Cops towed my car

[Tld_83]

Yesterday (Saturday afternoon) My car was towed by Anaheim Police in front of my house. My car was parked on the street, not the driveway.

I was home working on my computer.
My brother comes home and sees two cops outside in front of my house around my car. He runs in to tell me. I go outside.

Cop writes me a ticket for no license plates on thea car.
He says he will tow it if I have 3 or more unpaid parking tickets.

I go inside. They go back to their squad car but do not leave.
I can see them through the window.
They were talking to someone, who I later found out was the sergeant.
I was looking for my tape recorder but couldn't find it.
I go outside and just sit there watching, took some pics.
20-30 min pass and i see a flat bed tow truck coming up the street.

The cops get out of their car. They discovered that I have about 10 unpaid parking tickets.

The tow truck pulls up in front of my car. I approach the tow truck driver.
I told him he doesn't have to listen to the cops and if he tows my car I'll sue him too.

Well they took my car and said I have to pay all the fees in order to get my car back. I will be filing a 1983 complaint on the cops but for now I need my car.

Someone on a yahoo group told me to file a 'Writ of Replevin' in civil court to get my car back without paying any fees. Does anyone here have or heard of this writ? All opinions are welcome. Please do respond. I really need some help.

Thank You

The banks use it all the time why not. Or you can file a private criminal compliant also however the Distict attorney has to approve it. If they say you owe the tickets and you know you don't then prove it to them. If it is just your right as we see it then you will have to fight for it. Sadly the courts are not listening to us and rule against us everyday as gee, what word is there favorvite? Oh yeah "FRIVOLOUS" that is it. Good Luck to you.

[Judge Roy Bean]

Originally Posted by Tld_83

Cop writes me a ticket for no license plates on tha car.
He says he will tow it if I have 3 or more unpaid parking tickets.

Pretty normal procedure thus far. Not having plates is a ticketable offense.

Originally Posted by Tld_83

I told him if they touch my car I'll sue em under 'Title 42 united States code section 1983' for violation of my Fifth Amendment right of liberty, and property..without due process of law.

That probably really impressed them.

Originally Posted by Tld_83

I go inside. They go back to their squad car but do not leave.
I can see them through the window.
They were talking to someone, who I later found out was the sergeant.

They were probably running the wants and warrants and getting authorization to have the tow contractor assigned. Something tells me your threat of a lawsuit didn't really impress them all that much.

Originally Posted by Tld_83

I was looking for my tape recorder but couldn't find it.
I go outside and just sit there watching, took some pics.
20-30 min pass and i see a flat bed tow truck coming up the street.

The cops get out of their car. They discovered that I have about 10 unpaid parking tickets.

The tow truck pulls up in front of my car. I approach the tow truck driver.
I told him he doesn't have to listen to the cops and if he tows my car I'll sue him too.

The guy does this for a living and has probably heard everything more than a few times.

Originally Posted by Tld_83

Well they took my car and said I have to pay all the fees in order to get my car back. I will be filing a 1983 complaint on the cops but for now I need my car.

I will not pay fees that I'm not subject to so thats not an option.

Why aren't you subject to the fees? "Your" vehicle was on a public street without the proper registration and license. You have outstanding parking tickets.

Arguing you don't have to register is one of those things that gets people like you in the situation you've just found yourself.

Welcome to the real world where sui juris theory meets legal fact. It's all a lot of fun and games right up until something bad happens to someone because of it.

Don't want to live with the law? I guess your only option is to break into the impound lot and steal it back. Perhaps you think that won't get you into more trouble than you're already in. Perhaps you even think you're going to be able to prevail in the suit you've heard about?

Originally Posted by Tld_83

Someone on a yahoo group told me to file a 'Writ of Replevin' in civil court to get my car back without paying any fees. Does anyone here have or heard of this writ? All opinions are welcome. Please do respond. I really need some help.

Thank You- Theo

Theo - you're attempting a do-it-yourself vasectomy based on bad advice.

[theghost]

Originally Posted by Judge Roy Bean

Pretty normal procedure thus far. Not having plates is a ticketable offense.



That probably really impressed them.



They were probably running the wants and warrants and getting authorization to have the tow contractor assigned. Something tells me your threat of a lawsuit didn't really impress them all that much.



The guy does this for a living and has probably heard everything more than a few times.



Why aren't you subject to the fees? "Your" vehicle was on a public street without the proper registration and license. You have outstanding parking tickets.

Arguing you don't have to register is one of those things that gets people like you in the situation you've just found yourself.

Welcome to the real world where sui juris theory meets legal fact. It's all a lot of fun and games right up until something bad happens to someone because of it.

Don't want to live with the law? I guess your only option is to break into the impound lot and steal it back. Perhaps you think that won't get you into more trouble than you're already in. Perhaps you even think you're going to be able to prevail in the suit you've heard about?



Theo - you're attempting a do-it-yourself vasectomy based on bad advice.

Gee "Judge", way to help. Sounds as if you regard us here at Sui Juris as a bunch of "Patriot whackos". Are you a 'real' judge? Maybe you could drop the sarcasm next time (?) I would agree with you on one point here, and that is that Tld_83 acted/spoke without a sufficient knowledge base to deal effectively with his situation. Tld_83, your answer definitely does not lie in the code. You have much research to do before acting any further on this. You should study some of the materials in the download section, talk to ticketslayer and jersee, and get the book "adventures in legal land" by Marc Stevens. You can find it at adventuresinlegalland.com. Maybe then you will have sufficient knowledge to combat this.
P.S. Had you simply moved your car into the driveway (private property) maybe this situation could have been averted.

[weishaupt1776]

I hate to be a Monday Morning QB, but what I do is have the vehicle owned by a trust organization, registered in the state the trustees are at, and I manage an LLC which "rents" the truck from the trust.

I have no DL & if I had the car titled & registered in THE NAME, the cops could run he tag & see that I had no license.

It sure is nice to fly under the radar, and IF something does happen, I know what to do because I still study the ins & outs of this stuff all the time

[citizensoldier]

Originally Posted by Judge Roy Bean

Why aren't you subject to the fees? "Your" vehicle was on a public street without the proper registration and license. You have outstanding parking tickets.

If you're really wanting to help people, maybe you can save him the trouble of not agreeing with you by simply stating the law that requires registration and a license required to operate a privately owned vehicle not operating in commerce? Or do you believe you are helping by submitting hearsay and prejudiced opinion?

Come on, RB. At least one of your responses on this site could put the "facts" out there for all to witness.

[Chinese Panda]

I’ve lurked here for quite some time before joining. I’ve read a lot posts by Judge Roy Bean and Weishaupt1776. "All political power comes from the barrel of a gun”. ~Mao Tse Tung. Sad to say but on this point, I have to agree with JRB and Chairman Mao. I'm sorry Tld_83, I hate it it, but that's how it is.

On the street, the cop has the political power because he has the barrel of a gun AND a radio to call a lot of his friends to wield even more “political power”. Actually, the guy doesn’t really have the authority to make judicial determinations anyway. He most likely pledged his oath to some municipal corporation like “THE CITY OF <Whatever>”, not to “We, the People of…”, hell a lot of federal judges haven’t pledged THAT oath either, which is the BIG problem. Even IF the cop was smart enough to understand where you were coming from (and that’s a huge reach), he’s upholding his oath to the municipal corporation and you haven’t given him any real evidence, from a source he’s allowed to look at, that you should be any different. From his pointo view, he could get in more trouble by not ticketing you, he's doing his job in "good faith" because he doesn't have the power to make decisions. If you have to travel, in a car, you will spend more “money” (when you figure out how much time it will cost you to fight it) than paying the ticket. I’m just saying if you keep fighting the little battles you won’t have time to fight the big ones. This is like worrying about a spider crawling on your arm when you have a 10 foot alligator about to take a bite out of your leg.

[PANICPASS]

If you didn't challenge those parking tickets then I'd say "bye-bye" to that car. Not registering your car is a separate issue. If you had paid the registration fee and notified the DMV that you were challenging those tickets, I don't know if they could have sent information regarding the parking tickets via their computer to the police. They cannot tow your car for unpaid parking tickets, but they can tow it for not registering it. You failed to challenge the parking tickets so the DMV came into the picture to collect the city's debts. The DMV doesn't have authority to collect the city's debts, but you failed to challenge the DMV on that too.

You've basically waived your due process rights on the tickets, the DMV and the police.

You won't get very far in your Title 42 case.

[Freedomless]

It also doesn't mean that someone isn't watching the judgments that the judges are handing down. I know for a fact that the judgments are being watched. What the judges are getting away with now may not exist for long. As long as the legal system wants to live by the sword, they will die by the sword. It's just a matter of time.

[masterduke]

Orange County, Calif. Gots to be one of the most overpoliced, hostile, rules and regulation places in this "country" I lived in H.B. for years (Great Surf, Angry Cops) and know just how oppressive the whole area is. Forget the shortcuts (legalland, etc.) in such a judically hostile area, you need facts to support your claims, and not assumed "legal" gibberish from anyone who will not give you the step by step process to go thru this foolishness. Find and GO to your local law libarary and start looking up the laws concerning this using Westlaw Annotated books for your state, Civil procedures,as well as criminal.(if those doughnut gobblers had turned up some outstanding warrant they would have grabbed you for sure)
It will have the proper forms, laws, the librarians may be quite helpful as well. They see hapless victims all the time. Also www.JurisDictionary.com can be helpful. Also I don't know if it is available in Calif. but here in Michigan
theres a website called www.icle.org that has all these "how to lawyer" books for the scum that calls itself "bar members" they are costly but may also help