County seizure of $9,000 car for $35.81 crime is upheld By FRANK SANTIAGO Register Staff Writer 01/25/2002 -------------------------------------------------------------------------------- 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."

-- Anonymous, January 25, 2002

Answers

I wonder if he is going to pursue this to SCOTUS.

-- Anonymous, January 25, 2002