Forfeiture Endangers American Rights

The City Council of Eureka (county seat of Humboldt
County, California) has a proposed forfeiture
ordinance on the agenda  for Tuesday, August 3, which
would make it a misdemeanor to loiter for the purpose
of soliciting prostitution or using, buying or selling
drugs, and would make cars that faciliate that
loitering forfeitable.

Among the  curiosities of this piece of legislation,
the territorial reach for the new Eureka crime of
loitering encompasses the following locations -- and
the adjacent block:   "parks [blah, blah,blah]... any
public street or alley or parking  lot." If you can't
loiter within the adjacent block of any public street
or alley or parking lot, then they've covered the
whole city.

 Warrantless seizures of vehicles are "justified" by

probable cause to believe the property was used "in
violation of this chapter" -- that means for merely
loitering with (what the police believe is) the intent
to purchase drugs or engage in prostitution, they can
take your car.  §132.23(B).

 Eureka sits on California highway 101, the major

(and only) artery through the upper northern coast of
California. Route 101 goes right through that town,
without a bypass where travellers from other areas
could skirt the city limits. Obviously, it's the
perfect area for a forfeiture trap, especially since
Humboldt County is known for marijuana production -
reputedly the highest quality in the country.
"Traveling to a drug destination" is one of the
elements of a drug courier profile -- so half of the
probable cause to stop any car found traveling through
Eureka and loitering - especially with out of state
tags - is already supplied by the town and its
reputation!

 Another vague and unconstitutional forfeiture
ordinance passed means another ordinance we'll have to
fight to get taken off the books. 

One thing to factor in is the damage to income from
tourism. This ordinance is a serious threat to
vacationers and travelers along the Pacific coast.
There is no way to travel along the coast from Oregon
to Northern California without traveling on the
streets of this town. This new forfeiture ordinance
should send a stern message to tourists thinking of
taking the picturesque coastal route - stopping to
rest and stretch your legs in Eureka might mean losing
your car! Take your tourist dollars elsewhere!



		
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