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If protected by the 5th and 14th amendment of the constitution how is it constitutional for a state to make a law which an offic

Phoenix, AZ |

If protected by the 5th and 14th amendment of the constitution how is it constitutional for a state to make a law which an officer may take my property without due process of law such as driving without insurance and impounding my car?

Attorney Answers 4


  1. Best answer

    Because the courts have held that impounding for a limited time does not implicate a taking.

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  2. My guess is that the violation is a misdemeanor and the auto impounded for that violation. Your due process will come at your court date

    Please be advised that there is no attorney-client relationship between us. No attorney-client relationship exists between us until an engagement agreement has been fully executed by both of us. There may be statute of limitations issues and other factors that may impact your legal rights and remedies. The information provided is for educational purposes only and is otherwise not to be relied upon for any purpose.


  3. 1. It is not a permanent "taking;" and

    2. The immediate threat to public safety (your driving w/o insurance) supersedes the temporary trespass upon your property rights.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.


  4. Temporarily deprived of does not equal a "taking" in the constituional sense.

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