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Asset forfeiture is when the government takes a person’s property without a criminal conviction.
In some cases, the person is never even charged with a crime, as was the case with Mr. Martinez. - Litigation Director Sam MacRoberts.
What happened?
Mr. Martinez bought the classic car a 1959 Corvette in 2016, went to register it in Kansas, and KHP discovered there were VIN issues.
The Kansas Highway Patrol then seized the car, even though Mr. Martinez was unaware of those issues.
In fact, the government’s own attorney admits Mr. Martinez is innocent.
But, instead of returning the classic car, the government has spent years in court working to destroy the Corvette.
“The government should not get to destroy an innocent person’s car.”
After acknowledging Mr. Martinez’s innocence, the Kansas Highway Patrol still argues that the vehicle must be taken from Mr. Martinez as “contraband” and has spent years trying to demolish the vehicle.
“When the government knows someone is innocent, they shouldn’t use their power and resources to take their property. Kansas’ forfeiture laws are to blame.
The United States and Kansas Constitutions do not permit the government to acknowledge a person’s innocence, on the one hand, and then with the other, declare the innocent person’s property ‘contraband’ and take it,” concluded KJI Litigation Director, Sam MacRoberts.
State of Kansas, ex rel. Kansas Highway Patrol v. 1959 Chevrolet Corvette is being argued by private counsel. The District Court requested the amicus brief from Kansas Justice Institute.
Asset forfeiture is bad enough. But it’s especially bad in this case because the government admits Mr. Martinez did nothing wrong. - KJI Litigation Director Sam MacRoberts.
Update Feb 2022 :
Well, good news may be on the way for the man who owns that vehicle, if a bill approved Monday by the Kansas House winds up becoming law.
The current law requires a vehicle or trailer with a “destroyed, removed, altered, or defaced” VIN to be seized and destroyed, but the new bill would create an exemption for vehicles at least 35 years old that are being repaired or restored.
If the bill passes, that would certainly be music to the ears of Richard Martinez, who bought a restored 1959 Corvette for $50,000 from an Indiana dealer in 2016, only to have his dream car seized when a Kansas state trooper discovered a problem with its VIN during a mandatory registration inspection.
While lawmen eventually determined Martinez was an “innocent owner,” they said under Kansas law, the Corvette still had to be seized and crushed.
He filed suit in Johnson County District Court, but no decision has been handed down five years later, though a conference proceeding is slated in court for next week.
House Bill 2594, if approved, would exempt classic vehicles being repaired or restored and would also exempt classic car owners who didn’t know or had no reason to know their car was stolen.
According to Rep. Leo Delperdang, it can sometimes look like something is wrong with the VIN because classic cars often require repairs to areas that house VIN plates.
“I don’t blame the Kansas Highway Patrol with what they’re doing in this case,” Delperdang told his House colleagues.
“They’re doing their job. I blame the rule makers. That’s us in this room. We have the ability to do something for the better moving forward.”
However, the leader of the Kansas Highway Patrol, Col. Herman Jones, opposes the bill as written, pointing out that current law already allows removal of a VIN plate without threat of seizure, as long as troopers are present to document the removal and reinstallation processes. He suggested the new House bill be amended to add a provision requiring KHP inspection before the removal of a VIN plate.
“This would allow us to document the vehicle’s identity and the removal process, thus protecting innocent citizens of Kansas from fraud, while still holding those accountable who traffic in stolen vehicles,” he said.
Meanwhile, the leader of the Kansas Justice Institute believes the seizure of Martinez’ Corvette violates the state and federal constitutions because an innocent person’s property is being taken without due process.
“Innocence matters,” Sam MacRoberts said in a brief submitted to the Johnson County District Court.
“The government should not get to destroy Mr. Martinez’ car for a wrong he did not commit.
That is unconstitutional.”
In some cases, the person is never even charged with a crime, as was the case with Mr. Martinez. - Litigation Director Sam MacRoberts.
What happened?
Mr. Martinez bought the classic car a 1959 Corvette in 2016, went to register it in Kansas, and KHP discovered there were VIN issues.
The Kansas Highway Patrol then seized the car, even though Mr. Martinez was unaware of those issues.
In fact, the government’s own attorney admits Mr. Martinez is innocent.
But, instead of returning the classic car, the government has spent years in court working to destroy the Corvette.
“The government should not get to destroy an innocent person’s car.”
After acknowledging Mr. Martinez’s innocence, the Kansas Highway Patrol still argues that the vehicle must be taken from Mr. Martinez as “contraband” and has spent years trying to demolish the vehicle.
“When the government knows someone is innocent, they shouldn’t use their power and resources to take their property. Kansas’ forfeiture laws are to blame.
The United States and Kansas Constitutions do not permit the government to acknowledge a person’s innocence, on the one hand, and then with the other, declare the innocent person’s property ‘contraband’ and take it,” concluded KJI Litigation Director, Sam MacRoberts.
State of Kansas, ex rel. Kansas Highway Patrol v. 1959 Chevrolet Corvette is being argued by private counsel. The District Court requested the amicus brief from Kansas Justice Institute.
Asset forfeiture is bad enough. But it’s especially bad in this case because the government admits Mr. Martinez did nothing wrong. - KJI Litigation Director Sam MacRoberts.
Update Feb 2022 :
Well, good news may be on the way for the man who owns that vehicle, if a bill approved Monday by the Kansas House winds up becoming law.
The current law requires a vehicle or trailer with a “destroyed, removed, altered, or defaced” VIN to be seized and destroyed, but the new bill would create an exemption for vehicles at least 35 years old that are being repaired or restored.
If the bill passes, that would certainly be music to the ears of Richard Martinez, who bought a restored 1959 Corvette for $50,000 from an Indiana dealer in 2016, only to have his dream car seized when a Kansas state trooper discovered a problem with its VIN during a mandatory registration inspection.
While lawmen eventually determined Martinez was an “innocent owner,” they said under Kansas law, the Corvette still had to be seized and crushed.
He filed suit in Johnson County District Court, but no decision has been handed down five years later, though a conference proceeding is slated in court for next week.
House Bill 2594, if approved, would exempt classic vehicles being repaired or restored and would also exempt classic car owners who didn’t know or had no reason to know their car was stolen.
According to Rep. Leo Delperdang, it can sometimes look like something is wrong with the VIN because classic cars often require repairs to areas that house VIN plates.
“I don’t blame the Kansas Highway Patrol with what they’re doing in this case,” Delperdang told his House colleagues.
“They’re doing their job. I blame the rule makers. That’s us in this room. We have the ability to do something for the better moving forward.”
However, the leader of the Kansas Highway Patrol, Col. Herman Jones, opposes the bill as written, pointing out that current law already allows removal of a VIN plate without threat of seizure, as long as troopers are present to document the removal and reinstallation processes. He suggested the new House bill be amended to add a provision requiring KHP inspection before the removal of a VIN plate.
“This would allow us to document the vehicle’s identity and the removal process, thus protecting innocent citizens of Kansas from fraud, while still holding those accountable who traffic in stolen vehicles,” he said.
Meanwhile, the leader of the Kansas Justice Institute believes the seizure of Martinez’ Corvette violates the state and federal constitutions because an innocent person’s property is being taken without due process.
“Innocence matters,” Sam MacRoberts said in a brief submitted to the Johnson County District Court.
“The government should not get to destroy Mr. Martinez’ car for a wrong he did not commit.
That is unconstitutional.”
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