July 12, 2012

Frederick Simms was stopped by a Washington, D.C. police officer on May 29, 2011 for making an illegal turn. Following the standard script, the officer lied by claiming that he smelled the aroma of marijuana. A search of the car revealed a handgun, which Simms had legally purchased. Simms was arrested and his car impounded.

Simms was acquitted of all charges the following December, but the D.C. municipal government retained possession of his car in order to steal it through ?civil asset forfeiture.? That process didn?t begin until more than a year after the initial traffic stop ? and District authorities told Simms that it could take up to a year longer.  A fee of $1200 was demanded from Simms merely to request a hearing to challenge the initial seizure.

Federal District Judge Emmet G. Sullivan ? in a fit of atypical good sense ? ruled that it was an ?irreparable harm? for the district to keep Simms?s car. However, he required that the innocent motorist pay a $1000 forfeiture bond ? that is, a ransom to get back the car the police had stolen from him until a judge decides whether the thieves can keep it.

Let us take back the liberty wherewith Christ has made us free.