by Rómulo Hernández
Is unconstitutional to confiscate the autos of the undocumented. Janitorial workers look for a place to put their work tools after the SFPD impounded their car despite of carrying a driver’s license from Washington. (photos by Marvin J. Ramírez)
“Pedro” was driving on Mission Street on Saturday, June 21st at 7:30 p.m. along with two co-workers “Maria” and “Rafael” (fictitious names for a real case).
At 22nd Street, they turned to the right. At approximately 20 meters while they were getting in position to park, they were surprised by several police agents who stopped him and asked him for his driver’s license. The officer said (as he wrote a traffic ticket) that the car had a hanging object in the inside mirror, which is “not allowed by the law.”
The three, obviously in fear, pulled over and got out of the van. Pedro showed his driver’s license and this motivated a second scolding. The agent informed him that he had to impound the car because the license was from Washington and that when a driver moves from another state he had between 10 to 21 days to get a new license, since every state has its own forms for a license or identification. According to the agents earlier Pedro, had confessed to them, that he had been in San Francisco for a long time.
Maria and Rafael did not have the strength to say anything. Pedro was almost babbling to respond to the agents. The three passengers in the car just stared. Pedro’s feet seemed not to obey him. Some neighbors, mostly Hispanics, surrounded the van and the police officers. At the arrival of the tow truck, the passengers proceeded to vacate the van: a mop, a vacuum cleaner, sweeping brushes and cleaning liquids.
While the confiscation victims showed visible sadness, to the arresting cops was like a motive of laughter. In the photo, the arresting officer (left) and a sargeant who legitimized the confiscation, laugh and asked to be photographed next to the impounded vehicle.
Those were their work tools of the trio who, every Saturday, from 8 p.m. to 3 a.m. at dawn, while most part of the city party, they devote themselves to deodorize bathrooms, vacuum carpets and clean up commercial building in the area of Mission, the Hispanic quarter of San Francisco.
The incident was reported as case #080650233. The date hearing to try to rescue the vehicle is July 15.
How much will he have pay for rescuing his automobile?
Even if it is unknown how much,”Pedro ” will have to pay to rescue his car from the same city sanctuary that the Mayor of San Francisco so much promotes, which protects undocumented immigrants.
El Reportero consulted with social worker Erika Correa, who experienced a similar situation nearby a couple of months ago.
“My husband was driving without a license for approximately a block, and I was going next to him. We were going to our work here in the Mission. I showed the officer the car registration, proof of insurance and my driver’s license, but because the driver didn’t have a license, I should hand in the keys to the car. They told me I could get the car back on the following day.
It was not like that. They impounded the car for one month. They said generally the fine was approximately $1,600. In my case it was double, about $3,000.
This is unconstitutional, according to California Sen. Gil Cedilla.
Cedillo has become a reference when it comes to matters related to this topic. Precisely on his internet portal, he offers the following information.
Legal counseling
If your car is confiscated:
- You have right to a hearing on the confiscation [CVC Section 14602.6 (b)]. Contact immediately by phone, letter or in person, the agency that ordered the confiscation and ask for a hearing.
- Unless the tow company contact the legal owner of the vehicle within two working days via registered mail, the owner cannot be charged for more than 15 days of storage and towing charges [CVC Section 14602.6 (a) (2)].
- You might have the right to legal recource. The city, county or state might be responsible legally for violating your constitutional rights. Look for legal counsel.
