Originally posted by Sean88gt
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So, the police stole my buddies car trailer...
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Alvarado is going to steal a trailer from the wrong crazy guy at some point, lots of inbred rednecks out there that know how to drive tractors and weld shit...
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So Alvarado PD deleted my comments too.... So I posted to all the major news stations.....Oh well.....may get somewhere, may not, oh well....
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Originally posted by dcs13 View PostIts like a car. There is not a member on this board that would drive a car down the road without a VIN. That's stupid. Why is a trailer that is REQUIRED to have a VIN any different ?
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Originally posted by DennyHow can it be stolen if there's no complainant?
Its a long read but I parsed a few of the "meat and potatoes" of the case:
Ruling:
The State was entitled to seize the trailer for lack of a VIN and to initiate a Chapter 47 proceeding to determine who had a superior right of possession. Even if the State intended to take York's property, as he contends, it could obtain through the proceeding at most possession subject to a claim of ownership, and that is all the justice court awarded. York could have appealed but did not do so. He could have appealed the denial of his bill of review but chose not to. He has prosecuted this action to set aside the justice court's judgment and may yet prevail. And he is not barred from suing the officials who continue to hold the trailer to establish his ownership. Any of these procedures, and certainly all of them together, afford York ample opportunity to recover the trailer and therefore preclude his takings claim. - See more at: http://caselaw.findlaw.com/tx-suprem....CDeqCA23.dpuf
Initial facts:
In October 2006, Trooper Tim Godwin of the Department of Public Safety (“DPS”), in his words, “stopped a York water Tanker” in Paradise, Texas, in Wise County.3 The investigative report by Sergeant David Martinez states that the 1981 M & D model tank trailer was being operated by York Tank Truck, a local oilfield business owned by Larry York. The York name was emblazoned on the side of the trailer. The trailer's registration receipt designated the renewal recipient as York Vacuum, another name for York's business, and listed the trailer's owner as the McNutt Co. in Snyder, Texas.4 But the trailer had no vehicle identification number (VIN), so Martinez impounded it, as a peace officer is authorized to do by Texas law, which then permits the seized vehicle to be treated as stolen for purposes of custody and disposition.5 - See more at: http://caselaw.findlaw.com/tx-suprem....CDeqCA23.dpuf
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Originally posted by SMKR View PostHopefully they reply
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Originally posted by DennyHow can it be stolen if there's no complainant?
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Yup everyone that owns a trailer knows that. Like those with bike having different motors.
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Then why weren't these people charged with a crime? Possession of stolen property is still a crime, best I know. It's not that you suspect a crime been committed, it's that you prove one has, during the hearing.
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