UPDATE: Car Impounded

[TheBlackTruth]

Ok, here's the story:



At or around 5:30pm PST, Aug. 7 in Southern California a good friend of mine, who is licensed in Kentucky called me to alert me that he had just been pulled over and a cop was threatening to arrest him for not having a license. He has lost his actual physical PVC card, but his license is valid in KY (whatever that means). The cop was back at his car running the information through NCIC, most likely.



The cop returns to his car and says the KY computers have no record of a license and for him and to step out of the vehicle.



After he stepped out, he was told the car was being impounded and that he could pick up the vehicle upon acquring a valid license.



He also received a citation for driving without a license.



I instructed him to sign everything with "All rights reserved", but he seemed to have forgotten to do that. He did however, get the cop's business card.



So, the way I see it there are 2 issues:

1) The officer's violation of my friend's 5th amendment rights by seizing his property (his car) and depriving him of his liberty (freedom of movement) without due process of law or a proper warrant, nor probable cause to beleive a crime was just committed or that a crime was going to be committed.

2) This citation/contract to appear in court for a violation of the statute requring all persons to present a valid license upon request by a peace officer.



Does anyone have a process to expediently deal with the recovery of an impounded vehicle?



Should the 72-hour rescinding process be used for the citation?

[TheBlackTruth]

Anyone know how to file a complaint against a peace officer for 5th amendment violations?

[weishaupt1776]

<font color = purple>[b] From my still infantile studies, I have concluded that any right to sue is called a "cause of action", and you have to have one if you're going to recover damages in court. Every cause of action arises from a duty that

(1) was breached and

(2) that directly and proximately caused your buddy damages.

The logic would follow that if there is no duty, there can be no breach, and therefore no cause of action.

Look for the duty. Is the duty

common law ;

statutory or

contractual? Has to be one of those three.

What is the employer's(police precinct's) duty?

Did the employer breach the duty?

Did the employer's breach of duty directly cause your buddy damages?

This is where to begin the examination

[TheBlackTruth]

Good points.



I think the "breach" is well-defined by the 5th amendment in this case and the complaint would likely be charged against the officer in his private capacity as a fellow Citizen. In that capacity, he, like the rest of us, has a duty not to injure one another and not to deprive each other of life, liberty or property. The latter 2, i beleive would be his "breach". This breach would also be a breach of his oath, in which he swore to protect and uphold the constitution.

[TheBlackTruth]

[b]first and foremost, i'm interested in compelling the department to return the vehicle. It is owned outright and has no leins.



I think i need a form for a sworn complaint alleging theft, and a peace officer acting on a pretense of authority. Anyone have such a form?

[Ice]

It's called filing a "cause of action" along with a "Affidavit of Probable Cause" and attempt to have the officer charged with a crime.



Why would you look for a "form"?? Ain't no such thing man!! You gotta stomp on their heads... it is the only way we can get their attention.



I wish I had time to get involved with some of this stuff.



Ice

[TheBlackTruth]

Thanks.



That is precisely what I mean when I say "form" (in fact, as far as i know that IS what "form" means: just some sort of established process)

[EnSabahNur]

Would it not be wise to go to a Justice of the Peace and write an information of the event, then get a Summons for the officer to go to court. This is how to Privately Prosecute. That is Grand Theft, unless the officer can prove he had the authority to take the vehicle in the form of a proper court order. I would include the Tow Truck Driver, and Company on the Charges. Ignorace of the Law is not an excuse in the committing of a crime after all. Make him prove in court he had the authority to do it...he cannot. Then Lien his home and vehicle while you sue him, personally. Commercial Lien process, it is common law, and he will be powerless against it.

[TheBlackTruth]

<font color=darkblue face=tahoma>Ok,



I've drawn from different resources from both here and elsewhere and have a "<U>COMPLAINT AT LAW, ACTION IN TRESPASS and SPECIAL ASSUMPSIT</U>" with a Demand for Trial by Jury at Common Law.



Notice and Demand

Complaint at Law



This action is for the Trespass and illegal seizure.



I need to know from someone with experience in filing actions if there is anything else I need to file, how to effect service of process on the parties. Also any critique on the contents of the document are MORE THAN WELCOME.



Please also note that the City of San Bernardino currently has my friend's car and the impound charges are mounting and soon the impound will sell his car so time is of the essence!



p.s. I have started the ticketslayer.com process as well and will keep you informed.

-BT[/color]