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California Court of Appeal


O'Connell v. City of Stockton, C044400

Defendant-City's ordinance, which permits it to seize and hold a motor vehicle used to solicit an act of prostitution or to consummate a drug transaction, is invalid for failing to provide a reasonably prompt hearing on the probable merit of the government's right to detain the vehicle.

Appellate Information

  • Decided 04/22/2005
  • Published 04/22/2005

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mark T. Clausen for Plaintiff and Appellant.

  • For Appellees:
  • Meyers, Nave, Riback, Silver & Wilson, Joseph M. Quinn, Oakland;  and Lori S. Whittaker, Deputy City Attorney, for the City of Stockton and Jayne W. Williams, Defendants and Respondents.
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