Skip to main content

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?

+ Read More

Attorney answers 4

Posted

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

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

however its states in the 5th amendment "nor be deprived of life, liberty, or property, without due process of law" deprived is defined by 1. To take something away from or 2. To keep from possessing or enjoying; deny.. that pretty clear in my opinion but off the definition wouldn't that be an infringing on the 5th and 14th or am i just dreaming?

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

It's the courts opinion in interpreting what the laws mean that controls.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Which us to say that what seems pretty darn clear to you is only germane if the court agrees with you.

Asker

Posted

i see so i gotta just get the judge to see my point if view and the facts and just hope for the best haha

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Bingo! Piece of cake, eh? Best of luck to you.

Asker

Posted

haha thanks

Posted

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.

Asker

Posted

wouldn't the due process come after my property was took by the officer not to be a smart a** but it says "nor be deprived of LIFE, liberty, or property, without due process of law" they cant take your life first then give you your due process i might be mistaken but i believe they intended it the way it was said again not trying to argue just wanna see if that would hold up in court..

Asker

Posted

They took my property without due process then later they will give me my due process just sounds a little sketchy to me

Joel B. Sklar

Joel B. Sklar

Posted

You could give it a try. Sometime statutes are found to be unconstituional but I think its a steep hill to climb. If you believe your constitutional rights were violated you could pursue a case against the offending officer pursuant to 42 USC Sec. 1983. Best of luck.

Asker

Posted

alright thank you and i know ill need it

Posted

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.

Asker

Posted

right but the constitution is the law of the land no state can make any law which shall infringe on an amendment and deprived is not defined as any permanent state when they deprive you of your property they are taking something away, my vehicle right?

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

no. Temporary depravation is not a 'taking' as defined by the courts.

Asker

Posted

haha wait so, the courts have there own definitions? Were can i find the courts "Webster" dictionary or is it defined in supreme court cases and if so do you know of a familiar court case i could look at?

Asker

Posted

*their

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

That's the kind if research lawyers get paid for.....you can do it. Try local county law library.

Asker

Posted

ya i didn't expect you to look it up just maybe off hand but thanks.

Asker

Posted

ya i didn't expect you to look it up just maybe off hand but thanks.

Posted

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

Asker

Posted

i understand but when they take(To seize with authority; confiscate.) my property temporarily or not they are in fact depriving me of my property at least by definition anyway i understand its up to the courts to determine what the context of the amendment is however taking is depriving and if i am wrong were can i find were it says this

John Paul Thygerson

John Paul Thygerson

Posted

Let's be practical. Your car was impounded presumably because it was uninsured. It is illegal to operate a motor vehicle without insurance. Get your car insured and you should get your car back.

John Paul Thygerson

John Paul Thygerson

Posted

Also, they can't release it to you without proof of insurance because if they do and you drive it home you will have committed another illegal act; driving without insurance.

Asker

Posted

haha got ya!!

Civil rights topics

Recommended articles about Civil rights

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer