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Police seize woman's car for $20 in drugs, she wins pyrrhic victory in court

Posted on 10/19/15 at 9:55 am
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 10/19/15 at 9:55 am
quote:


For nearly three years, Linda Ross, 26, has been fighting the seizure of her vehicle, which police took after finding a small amount of marijuana inside. It's a legal battle that's dragged on long after Ross learned that cops in Westland, Michigan, had already sold her 2007 Ford Focus, even though she was still in the process of appealing to get it back.

A police officer first seized the car in January 2013, when Ross says he pulled her over after a shift delivering pizzas and found her in possession of a gram of weed. She couldn't believe it when the officer told her he was going to impound her vehicle over it.

"It felt like a nightmare -- like I was actually being kidnapped and robbed," she told The Huffington Post. "It was so shocking to see that he was taking my car so fast. Within a minute or two, he literally drove it away. He radioed in an officer and he came down and they drove it away."




quote:

Last week, Ross finally received some satisfaction, when a Michigan court of appeals found that police were wrong to take her car in the first place, overturning a previous decision that had approved its forfeiture. The judges, however, didn't rule in Ross' favor because it seems outrageous to seize someone's car simply because it was used to buy a gram of weed. Instead, they said it was how Ross got the marijuana that made all the difference.

In a 2-1 decision, the majority wrote that because a customer had supposedly given Ross the weed as a tip for a pizza delivery -- and that she hadn't actually driven her car with the intent of purchasing drugs -- the vehicle wasn't subject to forfeiture.




Don't do illegal drugs.

LINK
This post was edited on 10/19/15 at 9:56 am
Posted by dagrippa
Saigon
Member since Nov 2004
12171 posts
Posted on 10/19/15 at 9:58 am to
Legalize drugs and it will take away power from pigs. Good enough reason for me.
Posted by LSU_Saints_Hornets
Uptown NO,LA
Member since Jan 2013
9739 posts
Posted on 10/19/15 at 10:00 am to
How much did she win, tree fiddy?
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70474 posts
Posted on 10/19/15 at 10:01 am to
He tipped her weed.

Awesome.

If she was tipped with beer, could she get a dwi?

Or an open container citation if it was a drink in a cup?
This post was edited on 10/19/15 at 10:02 am
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70178 posts
Posted on 10/19/15 at 10:02 am to
quote:

He radioed in an officer and he came down and they drove it away."


doesn't seem legal...wouldn't they have to tow the damn thing?
Posted by MSMHater
Houston
Member since Oct 2008
23368 posts
Posted on 10/19/15 at 10:03 am to
Thugs gon thug.
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 10/19/15 at 10:04 am to
They already sold her car by the time this ruling came out.

quote:

Barring another round of appeals, Ross may finally be able to claim victory. Assistant Wayne County Prosecutor Maria Miller told The Detroit News that her office is currently reviewing its options.

But with her car already gone, that victory will be bittersweet at best. Ross and her lawyer are considering further action for compensation, meaning more court dates, more legal fees and more headaches.


Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139231 posts
Posted on 10/19/15 at 10:04 am to
She got off on a technicality, so it's not really a big win for the anti-forfeiture camp.


quote:

"It felt like a nightmare -- like I was actually being kidnapped and robbed,"


I'm against these forfeiture laws but this is a bit over the top.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139231 posts
Posted on 10/19/15 at 10:05 am to
quote:

If she was tipped with beer, could she get a dwi?

Not unless she was drunk driving
quote:

Or an open container citation if it was a drink in a cup?

Yes

Not sure where you're going with all that
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 10/19/15 at 10:06 am to
quote:

Thugs gon thug.


Keeping marijuana in your car doesn't make you a thug, just not a great decision maker. You don't know her whiele story, she might have gotten addicted early in life or something.
Posted by MSMHater
Houston
Member since Oct 2008
23368 posts
Posted on 10/19/15 at 10:06 am to
quote:

but this is a bit over the top.


Well, she was basically robbed at gunpoint. Even if only figuratively...cause we all know there would be no hesitation to shoot is there were any "resistance".
This post was edited on 10/19/15 at 10:06 am
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139231 posts
Posted on 10/19/15 at 10:07 am to
quote:

Well, she was basically robbed at gunpoint.

The same argument could be made every April 15th, but it's a bit of a stretch.
Posted by MSMHater
Houston
Member since Oct 2008
23368 posts
Posted on 10/19/15 at 10:07 am to
quote:

Keeping marijuana in your car doesn't make you a thug, just not a great decision maker. You don't know her whiele story, she might have gotten addicted early in life or something.



No, I meant...

quote:

LucasP


Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
36432 posts
Posted on 10/19/15 at 10:08 am to
quote:

police took after finding a small amount of marijuana inside


I don't see a problem.

quote:

had already sold her 2007 Ford Focus, even though she was still in the process of appealing to get it back


Ok, that's a legitimate problem.

quote:

In a 2-1 decision, the majority wrote that because a customer had supposedly given Ross the weed as a tip for a pizza delivery -- and that she hadn't actually driven her car with the intent of purchasing drugs -- the vehicle wasn't subject to forfeiture.


That's retarded, and I hate our fricking government.
Posted by MSMHater
Houston
Member since Oct 2008
23368 posts
Posted on 10/19/15 at 10:08 am to
quote:

The same argument could be made every April 15th, but it's a bit of a stretch.


Fair enough. But at least we prepare ourselves for that mugging.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
76206 posts
Posted on 10/19/15 at 10:08 am to
Posted by GreatLakesTiger24
Member since May 2012
61606 posts
Posted on 10/19/15 at 10:10 am to
quote:

I don't see a problem.

You don't see a problem with seizing a ~5k asset over a gram of pot?
Posted by Napoleon
Kenna
Member since Dec 2007
74905 posts
Posted on 10/19/15 at 10:10 am to
forfeiture should ONLY be used when there is evidence that drug money was used to buy the vehicle.

Taking a car for a gram of pot?/ BS!
Posted by dagrippa
Saigon
Member since Nov 2004
12171 posts
Posted on 10/19/15 at 10:12 am to
quote:

I'm against these forfeiture laws but this is a bit over the top.


Let someone walk up to you and take your car. You means of making a living and getting around. I bet you would call it a traumatic experience.
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 10/19/15 at 10:13 am to
quote:

You don't see a problem with seizing a ~5k asset over a gram of pot?


These LEO departments can't fund themselves. Well, actually, they can I guess.

Amirite?
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