Newsclipping summary:
FEAR-List Bulletin posted by Leon Felkins, 4/1/98
The Associated Press reports on March 31, 1998,
SAN FRANCISCO (AP) -- A well-publicized Oakland ordinance letting police seize the cars of suspected drug buyers and prostitution customers has been found invalid by the Legislature's legal adviser and should be repealed, the American Civil Liberties Union said Tuesday.
The ACLU released an opinion from Legislative Counsel Bion Gregory's office saying the Oakland measure clashed with state law in several respects, including its failure to require a criminal conviction before a car is forfeited to the city.
``The city of Oakland is not free to simply ignore the important procedural
protections in this area provided to the people of
California by laws enacted by the state legislature,'' ACLU lawyer
John Crew said in a letter Monday to Mayor Elihu Harris and the City Council.
While this is good news, it should be noted that this is only an advisory opinion to the legislature and is not binding.