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Principale » Appeals court strikes down California's 30-day impound law

Appeals court strikes down California's 30-day impound law

22 Juin 2017

The Associated Press reports that the 9th U.S. Circuit Court of Appeals on Wednesday ruled that authorities can no longer impound a person's vehicle for a set period of time without just cause.

In a unanimous decision, a three-judge panel of the USA 9th Circuit Court of Appeals revived a class-action lawsuit against the police for holding vehicles for 30 days.

"A seizure is justified under the Fourth Amendment only to the extent that the government's justification holds force", he said.

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Kozinski, who wrote the opinion on the Brewster vs. Beck case, says the California law is in violation of the Fourth Amendment, which protects against unlawful searches and seizures. "Thereafter, the government must cease the seizure or secure a new justification".

But the court said police provided no new justification to continue holding the vehicle after Brewster showed up with proof of ownership and a valid driver's license three days later.

The decision revived a lawsuit against Los Angeles by a woman whose vehicle was held by police for 30 days. The appeals panel's ruling allows the lawsuit to go forward in federal court in Riverside. But the LAPD said the vehicle would have to be held for 30 days.

Appeals court strikes down California's 30-day impound law