Post by WaTcHeR on Jan 11, 2007 12:41:31 GMT -5
01.11.2007 - Elgin, Illinois Police confiscate car at a DUI roadblock because after the driver protested against the inconvenience.
Elgin, Illinois police confiscated the car belonging to a sober man who protested on Thursday against officers for wasting his time at a holiday drunk driving roadblock. Innocent motorists on that day and throughout the weekend were pulled over and subjected to search and interrogations at the Pace bus station on Highland Avenue. Police issued expensive tickets to anyone whose papers were not in order.
One motorist became so angry at being detained because he chose not to wear a seatbelt that he honked his horn and blasted his stereo in protest. For that, police confiscated his car, issued a $250 ticket and forced the motorist to walk home.
Elgin Police cited the city's noise ordinance which applies to those who are "operating" a vehicle -- the motorist was parked -- and is designed to protect citizens against, "excessive noise endangers physical and emotional health and well-being."
The affected motorist can only challenge the seizure by first arguing his case before the deputy police chief in a hearing where, "the formal rules of evidence will not apply." The next hearing happens up to 45 days later under civil procedures that are used so that Elgin can escape the due process protections of the Constitution such as the Eight Amendment prohibition on excessive fines.
www.thenewspaper.com/news/15/1526.asp
Elgin, Illinois police confiscated the car belonging to a sober man who protested on Thursday against officers for wasting his time at a holiday drunk driving roadblock. Innocent motorists on that day and throughout the weekend were pulled over and subjected to search and interrogations at the Pace bus station on Highland Avenue. Police issued expensive tickets to anyone whose papers were not in order.
One motorist became so angry at being detained because he chose not to wear a seatbelt that he honked his horn and blasted his stereo in protest. For that, police confiscated his car, issued a $250 ticket and forced the motorist to walk home.
Elgin Police cited the city's noise ordinance which applies to those who are "operating" a vehicle -- the motorist was parked -- and is designed to protect citizens against, "excessive noise endangers physical and emotional health and well-being."
The affected motorist can only challenge the seizure by first arguing his case before the deputy police chief in a hearing where, "the formal rules of evidence will not apply." The next hearing happens up to 45 days later under civil procedures that are used so that Elgin can escape the due process protections of the Constitution such as the Eight Amendment prohibition on excessive fines.
www.thenewspaper.com/news/15/1526.asp