Forfeiture Case essay

Since the passing of the policy that the council could arrest drivers who are found driving while intoxicated, the defendant has been given the authority to arrest and even retain the vehicles of those found guilty of the offence (Whittle, 2011). The policy even allows the defendant to sell the automobile and retain the money obtained. During their usual patrols as per their mandate, the plaintiff discovered the car over speeding while the driver was so drunk with alcohol that he could not even recognize the arresting authorities. He was arrested and after spending the night in a police cell was allowed to go home the following day. He was however told to leave his Honda car behind and was to be communicated to later on. After a meeting with the mayor and the other concerned personnel, the defendant unanimously agreed to keep the van since the driver was highly intoxicated. The information was passed on to the owner of the van and was told the reasons that led to the decision.

The plaintiff then moved to court to seek authority that they are allowed to retain and own the Honda van definitely and without challenge by any concerned arty that owned the vehicle. The plaintiff moved to court and filed the case that sought to give it total right s of ownership that will be unchallenged in any court of law by the previous owner of the van.