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

Asked over 1 year ago - 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. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . 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.... more
  2. Keith G Langer

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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.
  3. John Paul Thygerson

    Pro

    Contributor Level 17

    3

    Lawyers agree

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

  4. Joel B. Sklar

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    1

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,042 answers this week

2,663 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,042 answers this week

2,663 attorneys answering