Sandoval et al v. County of Sonoma et al

Filing 203

ORDER re: hearing on cross-motions for partial summary judgment. Signed by Judge Thelton E. Henderson on 10/21/2014. (tehlc1, COURT STAFF) (Filed on 10/21/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAFAEL MATEOS SANDOVAL, et al.,
Plaintiffs,

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v.
COUNTY OF SONOMA, et al.,

Case No. 11-cv-05817-TEH
ORDER RE: HEARING ON CROSSMOTIONS FOR PARTIAL
SUMMARY JUDGMENT

Defendants.

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United States District Court
Northern District of California

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The parties shall come prepared to address the following at the October 27, 2014
hearing on the parties’ cross-motions for partial summary judgment:

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QUESTION FOR PLAINTIFFS
1. Given the duration of Plaintiff Ruiz’s residency in California, and his lack of a

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valid California license at the time of impoundment, why did he have any valid interest in

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possessing his car during the impoundment period?

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QUESTIONS FOR DEFENDANTS

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1. Why aren’t the protections of the Fourth Amendment and due process

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independent? In other words, why would due process cut off the Fourth Amendment,

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especially in light of decisions such as Soldal v. Cook County, 506 U.S. 56 (1992); United

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States v. Sullivan, 753 F.3d 845 (9th Cir. 2014); Lavan v. City of Los Angeles, 693 F.3d

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1022 (9th Cir. 2012); and United States v. Dass, 849 F.2d 414 (9th Cir. 1988)?

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2. Apart from the California Legislature’s determination that thirty days was an

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appropriate period of impoundment, why is that period reasonable? If a driver without a

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California license is inherently unsafe, why shouldn’t his car be taken away indefinitely?

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Why is it reasonable to return the car after thirty days without having him obtain a license?

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3. Law enforcement has other means to protect the public from unsafe drivers,

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including civil forfeiture and criminal prosecution, but these procedures come with judicial

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review. When the other available procedures contain such protections for offenders, why

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is it reasonable for law enforcement to deprive someone of property without judicial

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review?

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: 10/21/2014

_____________________________________
THELTON E. HENDERSON
United States District Judge

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