- The Iowa Supreme Court ruled Thursday
that Polk County authorities were within their rights to confiscate a $9,000
car for a $35.81 crime.
-
- Parker Terrell of West Des Moines was
charged in 1996 with attempted third-degree burglary and possession of
burglar tools. He was 16 at the time, and a juvenile court judge declared
him a delinquent, ordering him to pay $35.81 in damages for trying to steal
stereo equipment from a car.
-
- Polk County officials then seized Terrell's
car, a 1994 Chevrolet Cavalier, claiming it was used in the commission
of a crime.
-
- Terrell, who is now 22, appealed. He
contended that juvenile delinquency couldn't be the basis for such a forfeiture
and that the car's value was far above "the severity of his conduct."
-
- The court disagreed with both arguments
and rejected his claim that the penalty amounted to cruel and unusual punishment,
which would be a violation of the U.S. Constitution's Eighth Amendment.
-
- "We believe it is the nature of
the acts committed by the offender, not the forum (adult or juvenile court)
in which the offender is prosecuted . . . to determine if forfeiture is
authorized," Justice J.L. Larson wrote.
-
- If Terrell had been tried as an adult
on the burglary and possession of tools charges, the fines would have totaled
$10,000, Larson said.
-
- Terrell said Thursday that his car was
sold at a police auction. "This was gestapo tactics," he said.
"They can get away with anything they want to get away with."
-
-
- http://desmoinesregister.com/news/stories/c4788993/17136945.html
|