Getting your car towed violates the 5th amendment

[robertwerden]

My wife watches this stupid show about parking enforcement officers.

Anyway I am really starting to think of everything in life from a constitutional stand point.

The last line reads

nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The definition of due process of law

Right to a fair and public trial conducted in a competent manner

So since the property is being taken before due process it is unconstitutional to tow a persons car when a ticket can be given.

Even with a complete disregard for parking laws, such as parking in front of a hydrant, the constitution is still on the side of the property owner period.

[torchbearer]

the 5th amendment is written to restrain the federal government(and states if you include the 14th amendment), not private owners. if you leave you vehicle on someone's property, they have a right to complain to the cops about trespassing.

If it is a public parking area, owned by the commune/public, then no one could tow you if they were following the natural law.

[Danke]

//

[Danke]

My wife watches this stupid show about parking enforcement officers.

Anyway I am really starting to think of everything in life from a constitutional stand point.

The last line reads


The definition of due process of law


So since the property is being taken before due process it is unconstitutional to tow a persons car when a ticket can be given.

Even with a complete disregard for parking laws, such as parking in front of a hydrant, the constitution is still on the side of the property owner period.

I'd bet the car was registered with the state (title surrendered). Who really owns it?

[robertwerden]

Yes im referring to parking on a public street in front of a parking meter, but im also talking in general. One scene in the show had them towing a car because at a trafic stop the driver failed to show proper documentation for the insurance, registration etc. Until the case has been decided on by a court, the towing and impounding of a vehicle is depriving one of property before due process. Just because the state wrote a law saying the cops can impound a car does not make it legal, especially if there is a specific amendment in the constitution under the bill of rights that specifically prevents the law from being legal.

What im saying is its about time people started opening their eyes to the small stuff like this that violates out constitutional rights and start fighting them. This is not just about towing cars, this is about the big picture.

[Ninja Homer]

Chances are that you don't have the allodial title to you car, the state does, which means the state is the real owner of your car. Because they are the true owners of your car, they can put whatever restrictions they want on how you use it. The same goes for almost all land ownership.

BTW - I'm not saying I like the system, just pointing out why they can legally do some of the things that should be a violation of constitutional rights.

[Matt Collins]

the 5th amendment is written to restrain the federal government(and states if you include the 14th amendment)Exactly. See the Incorporation Doctrine. http://en.wikipedia.org/wiki/Incorporation_doctrine







Chances are that you don't have the allodial title to you car, the state does, which means the state is the real owner of your car. Because they are the true owners of your car, they can put whatever restrictions they want on how you use it. The same goes for almost all land ownership.Someone's been watching Michael Badnarik's Constitution Class ;):p

[pcosmar]

BTW - I'm not saying I like the system, just pointing out why they can legally do some of the things that should be a violation of constitutional rights.


The scribes and the Pharisees sit in Moses' seat: all therefore whatsoever they bid you observe, that observe and do; but do not ye after their works: for they say, and do not. For they bind heavy burdens and grievous to be borne, and lay them on men's shoulders; but they themselves will not move them with one of their fingers..

It is the principal of the matter.
"Legal" does not make it right.

[Danke]

It is the principal of the matter.
"Legal" does not make it right.

"Men can never escape being governed," Roosevelt said. "If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves, then in the end they will be governed." Teddy Roosevelt

[Chester Copperpot]

My wife watches this stupid show about parking enforcement officers.

Anyway I am really starting to think of everything in life from a constitutional stand point.

The last line reads


The definition of due process of law


So since the property is being taken before due process it is unconstitutional to tow a persons car when a ticket can be given.

Even with a complete disregard for parking laws, such as parking in front of a hydrant, the constitution is still on the side of the property owner period.

Here, listen to how Michael Badnarik handles this personally.. Youre gonna love this. Start around 7:27 in the video

YouTube - Michael Badnarik's Constitution Class 30/42 (http://www.youtube.com/watch?v=gaWiHygc89I&feature=related)

[pacelli]

My wife watches this stupid show about parking enforcement officers.

Anyway I am really starting to think of everything in life from a constitutional stand point.

The last line reads


The definition of due process of law


So since the property is being taken before due process it is unconstitutional to tow a persons car when a ticket can be given.

Even with a complete disregard for parking laws, such as parking in front of a hydrant, the constitution is still on the side of the property owner period.

The state owns the vehicle, and property is the holy grail of law. Individual drivers enter into a contract with the state to give them permission to use and practice custodianship of the state's vehicle. It does not violate the constitution because the driver of the vehicle made the choice to enter into the state's contract. The choice was made over time with consideration, therefore no violation of due process. The state is merely regulating that which it owns.

[Chester Copperpot]

The state owns the vehicle, and property is the holy grail of law. Individual drivers enter into a contract with the state to give them permission to use and practice custodianship of the state's vehicle. It does not violate the constitution because the driver of the vehicle made the choice to enter into the state's contract. The choice was made over time with consideration, therefore no violation of due process. The state is merely regulating that which it owns.

I think thats the reason why people seek their Manufacturers Statement of Origin and obtain that to have alloidial title to their vehicle.. At least Badnarik also mentions that in the beginning of his constitution class.

[robertwerden]

The state owning the rights to a vehicle is horse shit. I dont care what law was passed, its horse shit just the same.

[Isaac Bickerstaff]

If they own my car, they can buy their own damn tabs.

Walk into your local license center and ask, "Does the state own my car?" When the low level organ bank behind the counter says, "Uh, no." get a signed statement from her and publish it with a statement making you the first lien holder against your car in the legal notices section of your county seat newspaper for three consecutive weeks. When nobody responds to your legal notice, file a copy of it along with your receipt from the newspaper in the UCC office.

Paperwork be damned--you own your car.

Hey, it sounds good. . . someone, try it out. See what happens.