Chino Cops are Criminals

[Boozer]

The last few days have been nothing short of hellacious.
Wednesday evening I went out front to have a smoke. I noticed a Chino PD pick up truck stopped in front of the neighbors house and wondered WTF was going on. As I walked further out I seen something that pissed me off. My car was on the back of a flat bed trailer tow truck! I approached the officer in the police turck and asked why my car way on the back of the tow truck. She explained to me that the vehical had been suspected of abandonment and also had expired tags.
There were 2 things wrong this conclusion that lead the officer to tow my car.
I dont know if it's a California law or not but in Chino if a vehicle is suspected of being abandoned the sity is required to tag the vehicle and mark the tires and the road. If in 72 hours the vehicle has not been moved it is declared abandoned and towed away. My vehicle was never marked. If it had been marked it would have been moved.
The tags on the license plate were in fact expired. However there was a 90 day operating permit in the rear window of the vehicle the sun had faded it substantialy but if looked at closely it was legible.
I contacted the police department and was told that towing the vehicle in the event of circumstances was a mistake on their part. Regardless, because of the "faded" permit that is still good for another 2 months I was required to go to the DMV and get a temporary moving permit before the vehicle could be released to me.
Here's the f*cked part. Even though the police admited to their mistake I was still required to pay a fee of $144 to Chino police department to release my vehicle. I was then reuired to pay the tow yard $360. $110 for the tow, $180 for storage, and $70 lien fee. It was the police departments mistake but I still had to pay. The $110 tow was the kicker for me since when does a 4 block tow cost $110? The tow yard is exactly 4 blocks from where I'm currently staying.
After speaking with the guys at the tow yard they explained to me that Chino recently approved a fee hike for storage and towing of vehicles that have been demanded towed by a city employee. Since the fee hike the cops have gone tow crazy. Apparently they are going as far as towing vehicles parked next to stolen vehicles in parking lots and deeming them as "Suspected stolen" even though never reported because it is parked next to a vehicle that was stolen it's automatically suspected. Suspected to the sum of $144 release fee $110 tow fee and $30 daily storage fee. The City of chino gets $15 of the $30 for storage and gets $70 of that $110 tow.
So if you're ever in Chino and you're car turns up missing... Well... there's a good chance the cops impounded it.
So who's the real cirminal here?

[ROZ]

And they wonder why a large portion of the public has distrust for law enforcement.....

[Scream]

Sue them, if they're wrong they're wrong.

[LBZROCKS]

Those parking enforcement people are crooks...they mark your vehicle with rocks and twigs and stuff so that you have no idea that your vehicle has even been marked... its bullshI()&*!

[Boozer]

Originally posted by Scream
Sue them, if they're wrong they're wrong.
In a perfect world I would. However there's a little clause that protects the crooks.. errr.. I mean cops, from being sued. It's called governmental imunity. In the even that a person or persons decide to file a suit against any government organization they take full financial responsibility for the cities attorneys. If you lose the case you pay the bill.
Best case scenario I sue them and win a couple grand. worst case scenario I lose and have to pay 10K in attorneys fees.
Your damned if you do and your damned if you don't.

[Dawn Patrol]

Lets file this story under "It only Happens in the 909". :eek:

[ratso]

Originally posted by Boozer
In a perfect world I would. However there's a little clause that protects the crooks.. errr.. I mean cops, from being sued. It's called governmental imunity. In the even that a person or persons decide to file a suit against any government organization they take full financial responsibility for the cities attorneys. If you lose the case you pay the bill.
Best case scenario I sue them and win a couple grand. worst case scenario I lose and have to pay 10K in attorneys fees.
Your damned if you do and your damned if you don't.
Egg their house and wrap their trees...:D

[TCHB]

Yes this is correct. The police departments are using a new softwre package that requires specific fees paid by the tow truck driver and the owner of the towed cars. Good Luck!!!!!!!!!

[Kilrtoy]

If what yoiu are saying is true and correct ojn all angles.
Call the chief and get a resolution, If not file a small claims against the city and get your stuff in order....
If you infact have a moving permit for 3 months,
You must have a paid receipt from the DMV to prove this and this will be your Proof....

[Scream]

I used to think that about the federal inspectors we have at work all day every day until one of them went off the deep end at my plant and caused me way too much grief. I decided to go on a campaign to screw her just like she screwed me. It took a year and a half, but that crazy bitch no longer works for the government and I don't ever have to worry about any long term paybacks from the feds.
When government employees operate under the color of law and intentionally screw you or the public, they can be taken to task and should when ever possible.

[LHC30Victory]

Start by filing a claim for damages (the $$$ you are out) with the City Clerk. A lawsuit that is not brought through the city and first given a chance to be denied is not proper and the judge WILL throw it out before you get anywhere in court.
Also, talk to the people that buy their ink in 55 Gal drums :p :p
That may help

[AzDon]

Make an appointment with Legal Aid about getting help from the ACLU.
A guy who's staying with his parents while trying to make life changes is just the kind of client the ACLU would want to protect from abusive police activities.....especially since this could probably be proven to be an ongoing conspiracy against others as well. There is a place for lawyers in our society as surely as there is a need for police protection. It's the lawyers that prevent our government structures from being run like police states.
Some on these boards will never admit the value of our legal structure and the necessity for lawyers.....until they desperately need a legal problem solved themselves!

[dmontzsta]

That is really frustrating, they put you out of your way and made you pay. They should have towed the damn car right back to the same spot they got it from and said sorry.

[XtrmWakeborder]

Freakin rediculous! Some people just have way too much time on their hands, shouldn't they be out catching rapists and crap? I feel ur pain i'm constantly pulled over for no damn reason...questioned, and let go because they can't find any dirt

[Outnumbered]

Originally posted by AzDon
Make an appointment with Legal Aid about getting help from the ACLU.
A guy who's staying with his parents while trying to make life changes is just the kind of client the ACLU would want to protect from abusive police activities.....especially since this could probably be proven to be an ongoing conspiracy against others as well. There is a place for lawyers in our society as surely as there is a need for police protection. It's the lawyers that prevent our government structures from being run like police states.
Some on these boards will never admit the value of our legal structure and the necessity for lawyers.....until they desperately need a legal problem solved themselves!
F uck the ACLU, are you kidding? I think Boozer is a white guy;) .
Just go to small claims. The amount is under $5k and there will be no case for The Man if you have the proof that your permit was current and displayed. You get your money back plus a little for the trouble.
Sorry to hear about your bad luck. That just sucks. Nothing like kicking a guy while he's down. Good luck in your mission to find a gig in SoCal.
OL

[HM]

Welcome to California, now have a nice day. They should have towed your Gayliner then beat you with the nailed 2x4.
ACLU.....AzCommie always knows how to make us laugh.:rolleyes:

[Boozer]

Originally posted by HolyMoly
Welcome to California, now have a nice day. They should have towed your Gayliner then beat you with the nailed 2x4.
ACLU.....AzCommie always knows how to make us laugh.:rolleyes:
It's good to be home! The Bayliner isnt here yet otherwise im sure they'd have found some reason to tow it!

[Havasu Doug]

Just curious. According to the California Penal Code, how long do tags have to be expired before your vehicle can be towed off a public street in the first place? :confused:

[RiverOtter]

Are you sure you were not being set up by that show called Overhauled ? :D

[Wet Dream]

Originally posted by Havasu Doug
Just curious. According to the California Penal Code, how long do tags have to be expired before your vehicle can be towed off a public street in the first place? :confused:
The day they expire. If they expire 8/31/04, then at midnight 9/1/ its illegally parked on a public roadway.

[Big_Gunz_]

Originally posted by Havasu Doug
Just curious. According to the California Penal Code, how long do tags have to be expired before your vehicle can be towed off a public street in the first place? :confused:
Any vehicle expired for more than 6 months and a day, can be removed from any public street.
I'd go to the station and speak with a supervisor. Explain the situation and if you are correct, the station or the department will eat the bill.

[PlyaPlya22]

Boozer...I feel for you, I use to live in Chino and had quite a few raw dealings with the PD there also. Good Luck.

[diggler]

I would contact every local paper and write the editor about what happened. Get all of the facts straight and then start your media blitz. Nothing like bad press gets a situation fixed.

[Mr.Havasu]

Originally posted by Wet Dream
The day they expire. If they expire 8/31/04, then at midnight 9/1/ its illegally parked on a public roadway.
True, but he had a 90 day permit, which is as good as a tag!

[Jdbuck]

What you are seeing is a direct effect of the states budget crisis. I agree, those fees are extraordinarily high; however, understand that the police department doesn't just decide someday to raise the fees and make money for itself. The city council or city manager have to approve fee hikes like that.
Chances are a memorandum came out from the city managers office to the chief of police asking him to review his fee structure and see if the fees on services need to be adjusted. The reason for such a memo is the state has taken large chunks of monies away from the cities and the cities need to fill in that gap to maintain existing services. Any monies collected by the police department go directly to the general fund of the city, not to the cops (as some may believe). The police department does not see any of that money!
If the police made a mistake, you need to file a claim at the cityhall. Go in and ask for a form, which they will provide. Fill it out, turn in copies of your documentation that the vehicle was properly registered and submit the claim. Someone will look into the matter and if the PD was found in error the city will cut you a check. I've looked into several of these type situations and have found it to be our error. The city made good and reimbursed the citizens.
Nearly every city in the state has an ordinance which prevents vehicles from parking on the streets over 72 hours w/o being moved. Yes, the vehicles do have to be marked and tagged by the police agency. However, some people get crafty and move the vehicle a foot, which automatically resets the 72 hour clock. Understand this, the parking people in 95% of the cases are responding to citizen complaints of abandoned cars. Someone got pissed cause a junker is parked in front of their house. So what do you expect them to do, blow off the complaintant? That sure would piss you off if you happened to be the one who called!
:)

[Jdbuck]

One last thing, there is no law( state or municple ordinance) that authorizes police to tow a vehicle which happens to be parked next to a stolen car. There has to be a reason to impound it, (expired registration, blocking a roadway, etc) so whoever told you that is full of dung!:yuk:

[Havasu Doug]

Originally posted by riodog
Doug- long time no hear from you- the answer is 1 second.
Rio
Thanks for the responses. :D My tags are current, but I know someone whose tags expired on 3/31/04 and I was concerned. :D

[PlyaPlya22]

Originally posted by Havasu Doug
Thanks for the responses. :D My tags are current, but I know someone whose tags expired on 3/31/04 and I was concerned. :D
Damn, I hope they arein't driving around with their tags like that:eek:

[Havasu Doug]

Originally posted by PlyaPlya22
Damn, I hope they arein't driving around with their tags like that:eek:
I hope not either, but as of 2 weeks ago they were. :eek!:

[Havasu_Dreamin]

Originally posted by Havasu Doug
Just curious. According to the California Penal Code, how long do tags have to be expired before your vehicle can be towed off a public street in the first place? :confused:
That would be the vehicle code, not the penal code.

[Mike67rs]

Boozer, one thing you don't mention is whether you vehicle was parked in the same spot for over 72 hours. I don't know of any vehicle code section that requires the vehicle to be marked or tagged. An odometer reading and debris around the car would be enough evidence to impound it.

[Boozer]

Originally posted by Mike67rs
Boozer, one thing you don't mention is whether you vehicle was parked in the same spot for over 72 hours. I don't know of any vehicle code section that requires the vehicle to be marked or tagged. An odometer reading and debris around the car would be enough evidence to impound it.
Nope hadnt been in the same spot for 72 hours without being moved.

[Mike67rs]

Good...Get a copy of the Chino Muni Code giving the authority for the towing of abandoned vehicles. review it carefully and make sure the PD complied with all aspects of the section. It sounds like you have a good case and if I understand you correctly, you have only made a call to the PD and probably only spoke with a receptionist or records clerk.
You need to go in and request a Post Storage Validity Hearing. This is usually done by a Sgt. or Lt. who will listen to your case, review the report and computer print outs, and render a decision based on all available information. The hearing officer has the authority to reduce or waive all fees, including admin, towing and storage. If the tow was no good, there should be no reason the hearing officer would not waive fees. If this does not work, go with Jdbuck's advice.
Good luck and keep us posted. Mike
Edit...I found the muni code and it does require the car to be tagged.
10.28.190 Parking vehicle for more than seventy-two hours consecutively--Removal.
A. No person who owns or has possession, custody, or control of any vehicle shall park such vehicle or leave it unattended upon any public right-of-way, street or alley within the city for more than a consecutive period of seventy-two hours in any calendar month.
B. Any vehicle left parked or standing upon any public right-of-way, street or alley within the city in violation of subsection A of this section may be removed by any peace officer or designated employee mentioned in Section 22651 of the California Vehicle Code.
C. Whenever a peace officer or designated employee of the city suspects that a vehicle is in violation of this section, the peace officer or designated employee shall post a notice on the vehicle stating that the vehicle must be removed within seventy-two hours of said notice, and if not removed by the date and time indicated on the notice, it will be removed at the owner’s expense.
D. It is not a defense to a violation of this section that the vehicle in violation is, or has been, moved to another public right-of-way, street or alley within the city. (Ord. 99-15 § 1, 1999: Ord. 91-23 § 1 (part), 1991.)

[BoatPI]

Under CA law you are entitled to a Vehicle Impound Hearing.
Go to the PD, and ask to set up a hearing. The person holding the hearing has the authority, if your car was improperly towed, to refund the charges. Bring ALL documentation including photos, original op permit, new permit (which if true was NOT needed), and all ownership docs. Present it an an orderly fashion. I suggest you read sections in the 22650 area of the vehicle code. They, and ONLY they (other than impounded for evidence) are the authority to impound a vehicle. To my knowledge some city mc code does not give that authority. Make sure you INSIST to be informed under what vehicle code towing/impounding section the vehicle was towed under. This is IMPORTANT, trust me.
READ that section with the hearing officer and ask them to explain what specifically they towed it for. Make them be specific. this is NOT a science, simple stuff. But mistakes, generally through improper training, can occur.
Let us know what happens.

[paradigm shift]

Make one wonder what kind of a deal they have going with tow/storage company they use. :rolleyes: