08-11-2009, 02:27 PM
gmg77 Wrote:The blame for Waukegan hemorrhaging money isn't activism, its poorly written laws and even poorer judgment of some officers. This case isn't about profiling, the fine, car safety or illegal immigration. Its that no option to avoid seizure of property exists, violating the 4th amendment. Heavey had a chance to give them a break and use discretion, but instead he followed the letter of the law and exposed that it has no 4th amendment right exclusion, unlike the IL. vehicle code. So most likely the tax payers get another bill for Waukegan's myopic municipal code. :x
This is a very well put statement, the only issue that I contend with is this: the lawsuit and statement both find that the ability to use discretion by the officer has been taken away by the municipal ordinance that is in place. You even say that the officer followed the letter of the law, which is what we as citizens expect them (police officers) to do. I believe that this lawsuit is less about the action or in-action of police officers but rather the city using an ordinance as a means of revenue generation, which burdens a citizens 4th amendment. This will be very interesting to follow as it will affect case law around the country. I feel that Waukegan does a fine job and that people who are driving while DUI, or without a license or insurance should lose their vehicle until they can show that they have obtained a license and insurance, something that all drivers in this state must do. In terms of the lawsuit, one could argue that, the plaintiff should not have been able to receive her vehicle at the traffic stop, as she was not the one in control of the car at the time.