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unixronin: Galen the technomage, from Babylon 5: Crusade (Default)
Unixronin

December 2012

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Thursday, August 12th, 2004 12:44 pm

In another case of guilty until proven innocent, New York State is seizing legally owned, titled and registered Harley-Davidson motorcycles simply because they think the VIN numbers might have been altered at some point, after stopping the owners at checkpoints without probable cause.  Having a valid VIN number that doesn't match a printed template is sufficient cause to consider the number "probably altered", and if they can't find a different "original" VIN number on a motorcycle whose number they consider to have been "probably altered", they declare it "unidentifiable".  The owner doesn't get the bike back, even if there's no stolen-vehicle report matching the bike; instead, it is assigned a new VIN number and sold at police auction.

(So let me see, it now has an altered VIN number, exactly what they seized it for in the first place, right?  So presumably they can now seize it again under the same pretext?)

Theobald said there were four investigators with training to specifically inspect Harley-Davidson VIN tags at the checkpoint on June 25.  He said four Harleys were seized that day.

So why is New York specifically targeting Harley-Davidsons?  Could it be because their resale value is four times that of a Japanese motorcycle and the enterprise is thus four times more profitable?

This is legalized grand theft auto under the color of authority, pure and simple.

"I'm heartbroken and sick to my stomach.  They stole our bikes," Bailey said Wednesday.  "I'm leaving New York.  I won't live in a state where the police can stage a strong-arm robbery on the side of the road."
Thursday, August 12th, 2004 11:12 am (UTC)
Isn't it New Jersey where they can confiscate your car (without compensation, of course) if it failed its smog check? (So that they can get polluting vehicles off the street and be able to sell the credits to allow polluting factories to take up the slack.)

I think the case of Oakland seizing the real estate of a suspected drug dealer (who was neither charged nor convicted) is still dragging through the courts. It's been about 5 or 6 years now.
Thursday, August 12th, 2004 04:34 pm (UTC)
This is why there's a Second Amendment. Oh. I forgot. "This offer void in New York."