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jnixon_8 · Dec 17, 2008, 08:57 AM

I recently got into some trouble with possession of marijuana. The police were at my house and they found my 1970 Dodge Charger in my garage(value $26000). They decided that I couldn't afford a car like that so I must have used drug money to buy it. So they took it from my locked garage, and hauled it to an impound yard. It no drugs in it or on it and had nothing to do with this situation. Little did they know that I got the car from my father when he died in 1993. While the car was at the impound yard, it was left outside in the snow, rain, and cold. First time in 18 years. The car leaks like a siv, so the carpet was soaking wet for 2 months, causing the floorboard to rust, and it developed a thick coating of ice on the hood and truck. As the ice thaws and slides off, the paint is being all scratched up. From my unerstanding, it is their responsibility to protect impounded property. Do I have any legal right to be compensated for the irresponsible acts of the police not protecting a car of this vintage? The car was given back to me for free because of the illegal seizure of my personal property.

twinkiedooter · Dec 17, 2008, 09:39 AM

Consult an attorney and have him sue for the repairs needed to the car.

Fr_Chuck · Dec 17, 2008, 11:01 AM

They would keep it safe ( in fensed lot) but do not have to keep it indoors. So if the car was not physcially sound ( it leaks) that is a issue with the car and not their fault.

If this had nothing to do with drugs, and you have the proof why have you not gotten it back by now?

As for the scratches, as long as you prove it happened while in their care.

jnixon_8 · Dec 17, 2008, 11:10 AM

If I didn't mention it earlier, I picked it up last Friday. Court order to have it returned to me. Free of charge. The tribal police that took it, wanted $10,000 to get it back and I ended up getting it back for zero. It never should have been taken in the first place. It was locked in storage at the time of it's seizure. I can prove evrything. There are dozens of pics of it on my computer

jnixon_8 · Dec 17, 2008, 11:14 AM

I also have a copy of my fathers Will that states that this exact 1970 Charger was left to me... clearly not bought with drug money. Also I did not get caught selling marijuana. I have a perscrition for medical use of it. I got set up by an ex-friend for growing one plant for my personal use. I don't buy or sell drugs... so you know

Justice Matters · Dec 17, 2008, 03:16 PM

Two quick thoughts on your matter.

One - did you know in advance the vehicle "leaked like a seive" and should not be left exposed to the elements? If yes, did you advise the impound lot? If you did not the court may consider you contributory negligent.

Two - generally speaking, the law of bailment would require the impound lot to exercise a reasonable duty of care with respect to the storage of the vehicle. Whether this occurred could be up for debate.

JudyKayTee · Dec 18, 2008, 05:45 AM

Originally Posted by jnixon_8

I also have a copy of my fathers Will that states that this exact 1970 Charger was left to me....clearly not bought with drug money. Also I did not get caught selling marijuana. I have a perscrition for medical use of it. I got set up by an ex-friend for growing one plant for my personal use. I don't buy or sell drugs...so you know

I like classic cars and I'm interested in the $26,000 value if it leaks like a sieve - is that a written appraisal?

Your insurance also - assuming you had it insured because it was road worthy - will take care of the damage and then attempt to collect from the company that damaged the car.

jnixon_8 · Dec 18, 2008, 10:02 AM

When the car is out in the rain, water goes down through the vent just uner the front windshield, then leaks down on to the floor. This was the estimate the tribe decided it was worth for me to buy it back from them. My personal appraisal says it is worth about $17,000
Thanks for the comment

jnixon_8 · Dec 18, 2008, 10:09 AM

Yes, I knew the car would allow water to enter while it sat out in the rain. I informed the police, lawyer, prosecutor, and impound lot. This car is a numbers matching 1970 Dodge charger. I wish is knew how to send you a picture so you can see why I am so upset. This is a show quality car... was! My car sat out in the rain and snow for 2 months.. It rained about 15 days in October where I live and we have gotten about 16 inches of snow in the past 3 weeks.
Thanks

One - did you know in advance the vehicle "leaked like a seive" and should not be left exposed to the elements? If yes, did you advise the impound lot? If you did not the court may consider you contributory negligent.

Two - generally speaking, the law of bailment would require the impound lot to exercise a reasonable duty of care with respect to the storage of the vehicle. Whether this occurred could be up for debate.[/QUOTE]

JudyKayTee · Dec 18, 2008, 01:14 PM

Originally Posted by jnixon_8

Yes, I knew the car would allow water to enter while it sat out in the rain. I informed the police, lawyer, prosecutor, and impound lot. This car is a numbers matching 1970 Dodge charger. I wish is knew how to send you a picture so you can see why i am so upset. This is a show quality car...was! My car sat out in the rain and snow for 2 months..It rained about 15 days in october where i live and we have gotten about 16 inches of snow in the past 3 weeks.
thanks

One - did you know in advance the vehicle "leaked like a seive" and should not be left exposed to the elements? If yes, did you advise the impound lot? If you did not the court may consider you contributory negligent.

Two - generally speaking, the law of bailment would require the impound lot to exercise a reasonable duty of care with respect to the storage of the vehicle. Whether or not this occured could be up for debate.

[/QUOTE]

Two months? It was in impound for two months and there was no reason?

Yes, I'd be upset, too.

jnixon_8 · Dec 19, 2008, 09:03 AM

Yes, 10 weeks. It was supposed to be released back to me after four weeks... by the prosecutors order. He thought it would be best to put it back in the garage for protection, since I told him about the situation. I just couldn't sell the car or tear it apart until after the sentencing... not happening anyway. The arresting officer was supposed to be in contact with me to have it released but neglected to call me. I was told that he didn't want to give it back because he really wanted to give the car to his wife for christmas... I have inside friends that gave me some info on him. So the car ended up sitting through multiple snow and rain storms for no reason which continued to damage the car unnecessarily. I ended up having the state police involved to get the car out for me. There are still good cops... thank god

JudyKayTee · Dec 19, 2008, 09:16 AM

Originally Posted by jnixon_8

Yes, 10 weeks. It was supposed to be released back to me after four weeks....by the prosecutors order. He thought it would be best to put it back in the garage for protection, since i told him about the situation. I just couldn't sell the car or tear it apart until after the sentencing...not happening anyway. The arresting officer was supposed to be in contact with me to have it released but neglected to call me. I was told that he didn't want to give it back because he really wanted to give the car to his wife for christmas...I have inside friends that gave me some info on him. So the car ended up sitting through multiple snow and rain storms for no reason which continued to damage the car unnecessarily. I ended up having the state police involved to get the car out for me. There are still good cops...thank god

I'm a little confused - again.

The Officer was just going to take the car and give it to his wife without benefit of a Court proceeding, forfeiture and auction?

Where the heck is this? I worked for the Feds and we seized a lot of cars. No matter how badly I wanted a car I stood in line with the general public at the auction, following the Court proceedings.

Interestingly enough - I did buy a Camaro Iroc almost brand new, less than 1,000 miles it. Forfeiture. I got no special consideration.

Again - where the heck is this?

jnixon_8 · Dec 19, 2008, 09:22 AM

I live in a small town in MI. The new casino has brought tribal cops here to tear through our community. Here they have total and complete power to anything they want. It is kind of like organized crime. They were banking on the fact that I coulnt afford to buy the car back or afford to fight to get it back. If I couldn't get it back, he said that it became tribal property and they could do with it what they wish. I fooled him. Like I said, it is now in my garage.for free.. three weeks before my sentencing.

The Officer was just going to take the car and give it to his wife without benefit of a Court proceeding, forfeiture and auction?

Where the heck is this? I worked for the Feds and we seized a lot of cars. No matter how badly I wanted a car I stood in line with the general public at the auction, following the Court proceedings.

Interestingly enough - I did buy a Camaro Iroc almost brand new, less than 1,000 miles it. Forfeiture. I got no special consideration.

Again - where the heck is this?[/QUOTE]

JudyKayTee · Dec 19, 2008, 10:42 AM

Originally Posted by jnixon_8

I live in a small town in MI. The new casino has brought tribal cops here to tear through our community. Here they have total and complete power to anything they want. It is kind of like organized crime. They were banking on the fact that i coulnt afford to buy the car back or afford to fight to get it back. If i couldn't get it back, he said that it became tribal property and they could do with it what they wish. I fooled him. Like i said, it is now in my garage.for free..three weeks before my sentencing.

The Officer was just going to take the car and give it to his wife without benefit of a Court proceeding, forfeiture and auction?

Where the heck is this? I worked for the Feds and we seized a lot of cars. No matter how badly I wanted a car I stood in line with the general public at the auction, following the Court proceedings.

Interestingly enough - I did buy a Camaro Iroc almost brand new, less than 1,000 miles it. Forfeiture. I got no special consideration.

Again - where the heck is this?

[/QUOTE]

The Tribal Police are enforcing laws OFF the reservation?

Or do you live on sovereign land?

jnixon_8 · Dec 22, 2008, 09:27 AM

Yes, they are enforcing laws wherever they want. They run free, set up their own sting operations, pull people over for drinking and driving, seat belts... you name it, We do not live on tribal land. They have a small section of land 30 miles from MY house that they have the new casino on.

The Tribal Police are enforcing laws OFF the reservation?

Or do you live on sovereign land?

JudyKayTee · Dec 22, 2008, 09:48 AM

Originally Posted by jnixon_8

Yes, they are enforcing laws whereever they want. They run free, set up their own sting operations, pull people over for drinking and driving, seat belts...you name it, We do not live on tribal land. They have a small section of land 30 miles from MY house that they have the new casino on.

The Tribal Police are enforcing laws OFF the reservation?

Or do you live on sovereign land?

Hmm - in my area the Indian Police are only allowed to enforce laws on sovereign land - unless for whatever reason another Agency calls them in, specifically calls them in.

I occasionally work on sovereign land and always get permission from the Tribal Council or Tribal Police before I begin. I thought it worked both ways - I guess it doesn't.