Cars put on trial Oakland's law also gives police the right to seize a car even if its owner was unaware that it was used for criminal activity. If a suspect is acquitted, he or she can challenge the seizure in court, Llamas said. Prosecutors must prove that the vehicle was used in the commission of a crime, essentially putting the car on trial. A judge makes the final decision as to whether the cars should be returned to their owners. Public complained The city created the law after residents complained about drug buys and prostitution in their neighborhoods, Llamas said.
Police evoke the law only about a dozen times a year.
So far this year, the law has been used only three or four times, he said. We inform the police, and they do something about it. It's not a regular income stream or anything that we depend on. The money from the sale of cars is divided between the police department and the city attorney's office, he said. Other cities interested Critics challenged the law on the grounds that it conflicts with state law.