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Cal.3: 30 day impoundment of a vehicle with admin review satisfies due process and the Fourth Amendment

By John Wesley Hall, Jr.

Under California law (Vehicle C. § 14602.6), one driving a vehicle with a suspended license is subject to having his or her vehicle impounded for up to 30 days, with a provision for administrative review and mitigation of the impoundment. The statute provides due process, and, thus, no Fourth Amendment violation. Alviso v. Sonoma County Sheriff's Dep't, 2010 Cal. App. LEXIS 1018 (3d Dist. June 30, 2010): Our conclusion that the prompt administrative hearing provided under sections 14602.6 and 22852 satisfies the requirements of due process dispenses also with Alviso's contention that the impoundment provisions authorize an unlawful seizure in violation of the state and federal Constitutions, which rests on the same premise--i.e., that the Constitution requires post-seizure judicial review...continue to full post

Full post as published by Fourth Amendment on July 01, 2010 (boomark / email).