If busted for prostitution in Texas, can they seize the car you drove in?

[tpepsi]

I was reading some stories about cars that are being seized when Johns are busted for prostitution. Then, asset forfeiture proceedings begin so that the cops can keep the car. Articles were from other states.

Does that / Could that happen in Texas under the current laws?

Makes me think if I visit un-reviewed or BP girl that, I should take a Lyft or a Uber to a session. Maybe not the whole way...park at a nearby public place, and then take a Uber for the final couple of miles?

[Brooke Wilde]

I always thought a felony had to be involved and the car had to be paid off in order to be seized.

I look forward to seeing what the correct answer to this is as well.

[jm7501]

If your car is parked legally, they shouldn't. It is not evidence of the crime you are being arrested for and it shouldn't be towed because it is parked properly. But if you consent then all of that goes out the window. Usually when it is being towed, the police does an "inventory" search and finds all the goodies

[SamHouston]

It depends and yes they have authority to do it.

[ShysterJon]

To jm7501, who hails from Kansas City, but believes he's qualified to opine on Texas civil forfeiture law: Your answer has FUCKING NOTHING WHATSOEVER TO DO WITH FORFEITURE. SHUT UP. GO AWAY. DON'T POST HERE AGAIN.

With that being said...

CAN the cops seize a john's car in civil forfeiture? Of course, the cops have the power to do whatever they want. But the real question is: WILL the cops seize a john's car in civil forfeiture when the only crime involved is plain-vanilla prostitution? In my opinion, such a seizure is highly unlikely. I've never heard of one. However, I know first-hand of dozens (or maybe hundreds) of forfeitures of property held by pimps, panderers, and prostitutes.

Originally Posted by Brooke Wilde

I always thought a felony had to be involved and the car had to be paid off in order to be seized.

That's wrong on both counts. The Texas forfeiture statute allows for forfeiture of contraband in both felony and some misdemeanor cases. Charges don't even have to be filed, let alone a conviction obtained. As for seizing a vehicle with a lien, in 2014 the Texas Supreme Court refused to review a case involving the seizure of a car sold to an arrested person with the seller still holding the title. It was the first major forfeiture case since 1957 (that's not a mistake - 1957) but the highest civil court in the state refused to write on the law.

See:

http://law.justia.com/cases/texas/su...13-0006-1.html

https://www.texasobserver.org/preyin...il-forfeiture/

[Fancylady]

[QUOTE=tpepsi;1058724133]I was reading some stories about cars that are being seized when Johns are busted for prostitution. Then, asset forfeiture proceedings begin so that the cops can keep the car. Articles were from other states.

Does that / Could that happen in Texas under the current laws?

Makes me think if I visit un-reviewed or BP girl that, I should take a Lyft or a Uber to a session. Maybe not the whole way...park at a nearby public place, and then take a Uber for the final couple of miles?[/QUOTE Illegal business all states. Why would clients.hookers want to get busted in paid session in public place in car?? That's insane

[frenchlouie1986]

Under none of the relevant statutes regarding asset forfeiture in Texas could a John's vehicle be seized for anything less than a felony Prostitution case and only if the offense occurred inside the vehicle (e.g.a street bust) since it must be used in the commission of the offense. I have not read any case law, so I am not going to say it could not happen; if the vehicle was used as a conveyance to a location where prostitution occurred, but it is hard to argue a vehicle was used in the commission of an offense when the offense occurred in a hotel room or some other location away from the vehicle.

http://www.statutes.legis.state.tx.u.../htm/CR.59.htm

http://www.statutes.legis.state.tx.u...R.18.htm#18.18

http://www.statutes.legis.state.tx.u.../htm/PE.16.htm

http://www.statutes.legis.state.tx.u...m/PE.43.htm#43

On a side note it is nice to see the fancylady fucktard finally make an appearance on this thread.

[Fancylady]

Originally Posted by frenchlouie1986

Under none of the relevant statutes regarding asset forfeiture in Texas could a John's vehicle be seized for anything less than a felony Prostitution case and only if the offense occurred inside the vehicle (e.g.a street bust) since it must be used in the commission of the offense. I have not read any case law, so I am not going to say it could not happen; if the vehicle was used as a conveyance to a location where prostitution occurred, but it is hard to argue a vehicle was used in the commission of an offense when the offense occurred in a hotel room or some other location away from the vehicle.

http://www.statutes.legis.state.tx.u.../htm/CR.59.htm

http://www.statutes.legis.state.tx.u...R.18.htm#18.18

http://www.statutes.legis.state.tx.u.../htm/PE.16.htm

http://www.statutes.legis.state.tx.u...m/PE.43.htm#43

On a side note it is nice to see the fancylady fucktard finally make an appearance on this thread.

I'm in your mind for you take time post and insult me.Thanks

[ShysterJon]

It's naive to think that LE can't do something because it's beyond what the law says.

[frenchlouie1986]

I agree because everything is legal until it is challenged. I read over my post again and it could use some clarification.

If LE arrests you in your vehicle or in some cases near your vehicle they are going to seize it as a matter of policy, but just because they seize the vehicle that does not mean LE is able to keep it. Now to answer OP's original questions. Yes, LE can and will seize your vehicle if they arrest you in it, near it, or can somehow connect you to your vehicle (observed you drive up and park) during a prostitution arrest; as part of procedure, LE will have wreckers on stand by for the very purpose of seizing your vehicle. No LE cannot do an asset forfeiture for a misdemeanor A or B prostitution offense, for LE to do an asset forfeiture for a prostitution offense the offense would need to be at the felony level.

[Hawkeye9]

mine was impounded in houston, and I was by myself in it after I meet with a women. Of course I bailed my car after I got bailed, they never said they would seize it. It was paid for too if that matters. I was watching computer from the back cop car and they had everything about my car on screen, price I paid, etc, where I bought it. It probaly even said I paid 30k cash for it, I assume they knew at that point I was going pay a high caliber criminal attorney to make it all go away anyways, which I did.

[JuliaRich]

If LE feels like being an asshole, then YES in ANY state, they can seize your vehicle. Upon leasing a vehicle, in all those papers you sign, theres one particular piece of paper which states.....if your vehicle is used in any commission of a crime, the bank doesn't have to finance it. They can utilzie the forefit law and yes, seize your vehicle!

Also, often times they don't go through all that, they'll just tow your vehicle.

#FACTS

[Red-Hat-Magic]

Originally Posted by Brooke Wilde

I always thought a felony had to be involved and the car had to be paid off in order to be seized.

I look forward to seeing what the correct answer to this is as well.

This varies from jurisdictions. If you were in violation of a law that allowed for seizure of property, and the chose to size your car they could. If they sold it for less than the amount of your loan. You are still under contract to the lender to pay the loan in full. Failure to do so could be a cause for more BS legal problems, collection, credit report, and so on. Use UBER when you get to town.

[garhkal]

Originally Posted by ShysterJon

That's wrong on both counts. The Texas forfeiture statute allows for forfeiture of contraband in both felony and some misdemeanor cases. Charges don't even have to be filed, let alone a conviction obtained. As for seizing a vehicle with a lien, in 2014 the Texas Supreme Court refused to review a case involving the seizure of a car sold to an arrested person with the seller still holding the title. It was the first major forfeiture case since 1957 (that's not a mistake - 1957) but the highest civil court in the state refused to write on the law.

If charges don't even need to be filed, how then can they class it as a felony or misdemeanor?

[ShysterJon]

Originally Posted by garhkal

If charges don't even need to be filed, how then can they class it as a felony or misdemeanor?

A person is arrested on suspicion of having committed a particular offense, be the offense a misdemeanor or a felony. Thereafter, the person may or may not be formally charged with the offense. I'm not sure what you mean by charges don't "need" to be filed.