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Return of Property

Return of Property

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Published by Phil

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Published by: Phil on Oct 01, 2011
Copyright:Attribution Non-commercial

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07/22/2013

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THIS ONE MUST BE EDITED TO FIT THE CIRCUMSTANCES OF EACH SEIZURE,DO NOT MIX THE ARGUMENTS.COMES NOW, Citizen , who submits the following request for returnof private property. This request is based upon the following facts:1.My personal property (automobile) was seized by thePolice Department for an alleged violation of California Motor Vehicle Code,Section 4000(a).2.The property taken by the Sheriff's Department is my privateproperty, and not a "Motor Vehicle" as described in the regulation.2.The Corporate State of California does not have any interest inmy private property.3.There is no law that will allow the corporate State to take theprivate property of a Citizen of one of the several states, without a validsearch and seizure warrant, or without any other legal court process.4. Law enforcement officers do have authority to seize and recoverthe property in which the state has an interest. But, in this particularincident the State does not have any interest in my personal property. As aCitizen of California, there is no law that can compel me to surrenderownership of my private property to the state.5.According the Attorney General's Opinions Volume 69, page 36(copy attached). The seizing agency is responsible for all towing andstorage charges. Gershenhorn v. Superior Ct, (1964) 227 Cal. App2d. 361.While is true that the Vehicle Code permits law enforcement officers toimpound the property in which the state has an interest California MotorVehicle Code, Section 22651 et.seq., these vehicles are treated as beingrepossessed, (Vehicles that are registered and power of attorney has beensurrendered to the state over such vehicle). In this particular case thestate does not have any interest in the personal property of a Citizen of California.6.In addition, the California Appellate Court in Spilman v. C.H.P.,212 Cal.App. 59, 260 Cal.Rptr. 400 (July 1989) stated that law enforcementofficers have the authority to require proof of registration, or it mayproceed with a criminal action, but it may not do both. Thus, by issuing anotice to appear, it held that the CHP was precluded from requiring theowner to also provide proof of registration as a condition precedent torelease of the automobile.7.The California Motor Vehicle Code is predicated upon theUniform Traffic Laws established by the federal Government, therefore thedefinitions established by the U.S. Code apply to the Vehicle Code:Title 18 U.S.C. Section 31, Definitions"Motor vehicle", means every description of carriage or othercontrivance propelled or drawn by mechanical power and used forcommercial purposes on the highways in the transportation of passengers,or passengers and property.

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