King City - California Cops Arrested Over Impounding Scam

OFF THE WIRE

3/7/2014

California Cops Arrested Over Impounding Scam
King City, California cops plead not guilty to a car impound scheme.
King City, California's former police chief went before a judge with two of his fellow officers Thursday to plead not guily in a car impounding scheme that saw a total of six officers charged with various crimes including embezzlement and bribery. The scandal has rocked the coastal California town of 13,000, especially members of the Hispanic community who found themselves targeted and raised the alarm in meetings last summer.

"As we were investigating various crimes, we began to hear... people saying, 'They take our property; they take our money; they take our cars,'" Monterey County District Attorney Dean D. Flippo said in announcing the charges last week. "We began to receive information, and as we worked on it, investigated it, we made a conclusion that there was an organized scheme where people driving vehicles, they had in general no license, were being stopped and the vehicles were impounded."

According to Flippo, officers used their authority to seize vehicles from low-income motorists who were unable to afford the hefty towing fees, storage fees and fines. When they did not pay, Miller's Towing was called in to take the car to the local impound lot. In total, about two hundred cars were grabbed, and the officers would help themselves to the choicest vehicles.

"The investigation revealed a significant lack of leadership within the King City Police Department," Flippo said. "Most disturbing was that evidence was uncovered of a scheme whereby people participating in the scheme would receive free vehicles that had been impounded by officers within the department."

Brian Miller, owner of Miller's Towing, was charged with bribery. He is the brother of acting chief Bruce Miller, who was charged with accepting a bribe and conspiracy. Former Chief Dominic David Baldiviez and Mario Alonso Mottu Sr were charged with embezzlement. Officer Mark Allen Baker was charged with criminal threats. Officer Jaime Andrade was charged with illegal possession of an assault weapon. Brian Albert Miller of Miller's Towing was charged with conspiracy and bribery.

"You can imagine this was a shock and a disappointment," King City Mayor Robert Cullen said.

The penalty for offering a bribe in California is up to four years in prison. The penalty for taking a bribe is the same, plus a fine equal to double the amount of the bribe. Officials who convicted of accepting a bribe are also barred from holding any government job within the state.

California: Court Overturns LAPD Vehicle Impound Policy
California Superior Court judge finds Los Angeles Police Department car towing policy violates state law.
A judge in Los Angeles, California on Monday found the city's automobile seizure policy overly lenient and contrary to state law. Superior Court Judge Terry Green sided with groups that challenged the Los Angeles Police Department (LAPD) for inventing a confiscation procedure that differed from procedures laid down by California state lawmakers. At issue is what to do when police pull over an illegal alien, someone who is by definition an unlicensed driver in the state. Judicial Watch, a conservative group, filed suit to force cops to seize and keep cars belonging to illegals for thirty days.

Los Angeles did a brisk business in car impounding until a 2005 decision of the Ninth US Circuit Court of Appeals (view ruling) changed the legal landscape. The court found that just because a statute allows a car seizure, it does not automatically make confiscation reasonable for the purposes of the Fourth Amendment. The Ninth Circuit held that there was no reason for police to seize a legally parked car from an unlicensed driver when another licensed driver was present. On April 22, 2012, the LAPD chief issued Special Order 7 to comply with the court ruling, arguing that the guidelines tell officers how exercise their discretionary authority in implementing the state impound law.

"In evaluating the reasonableness of warrantless vehicle impounds, courts have focused on whether the impoundment was in accordance with the community caretaking doctrine," Special Order 7 states. "Consequently, this order clarifies the application of the community caretaking doctrine and establishes the department's impound procedures."

The rule recommended police officers confiscate a car if it is impeding traffic, causing a safety hazard, is in an area where it likely would be vandalized or if there is nobody available to lawfully move it out of the way. Otherwise, the vehicle owner could escape impound if he is able to find a licensed driver who could drive it away from the scene immediately. Cars in safe locations, such as driveways, would not be towed away.

Proponents of car confiscation contend that the LAPD guidelines are an end-run around a law clearly ordering thirty-day impoundment of vehicles from drivers with expired or non-existent licenses. Confiscation is big business for the city. Towing and storage can run $1100 per vehicle, and with hundreds of thousands seized every year, the revenue generated reaches into the tens of millions.

Judge Green stayed his ruling pending an appeal by the city.