In addition, he said, there's no presumption of innocence. He said that while there are provisions in the legislation to give owners of the confiscated cars a chance to prove their innocence and get their vehicles back, the proposed system for redress would be complicated and potentially costly. Eric Kinney, a Vallejo resident, found that out first hand when his car was seized a year ago by cops in Oakland. He was never convicted. Martha Upshur, who lives in Hunters Point, wasn't shedding tears.
Police also recoup their expenses.
The Oakland law has been upheld by the Superior Court and a state appeals court. The ACLU has appealed to the California Supreme Court. Schlosser said San Francisco could expect a challenge if the legislation is adopted. S.F. police could seize vehicles suspected of being used to obtain drugs. The more I look at the War on Some Drugs, the more I am struck by the absurdity of it all.