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Vehicle hidden compartment

Megawolf said:
Holy crap...a quick google search tells me i gotta talk to an attorney first.



Justia US Law US Codes and Statutes Georgia Code 2010 Georgia Code TITLE 16 - CRIMES AND OFFENSES CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES PART 1 - GENERAL PROVISIONS § 16-11-112 - Vehicles with false or secret compartments
2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES
PART 1 - GENERAL PROVISIONS
§ 16-11-112 - Vehicles with false or secret compartments
O.C.G.A. 16-11-112 (2010)
16-11-112. Vehicles with false or secret compartments


(a) As used in this Code section, the term:

(1) (A) "False or secret compartment" means any enclosure which is integrated into or attached to a vehicle and the purpose of the compartment is to conceal, hide, or prevent discovery by law enforcement officers of:

(i) A person concealed for an unlawful purpose;

(ii) Controlled substances possessed in violation of Article 2 of Chapter 13 of this title; or

(iii) Other contraband.

(B) Examples of "false or secret compartment" may include, but are not limited to:

(i) False, altered, or modified fuel tanks;

(ii) Original factory equipment on a vehicle that has been modified; or

(iii) Any compartment, space, or box that is added or attached to existing compartments, spaces, or boxes of the vehicle.

(2) "Vehicle" includes, but is not limited to, cars, trucks, buses, motorcycles, bicycles, aircraft, helicopters, boats, ships, yachts, and other vessels.

(b) It may be inferred that the accused intended to use a false or secret compartment if a person knowingly has a false or secret compartment which:

(1) Is concealing a person for an unlawful purpose;

(2) Is concealing a controlled substance in violation of Article 2 of Chapter 13 of this title;

(3) Is concealing other contraband;

(4) Shows evidence of the previous concealment of a person for an unlawful purpose;

(5) Shows evidence of the previous concealment of controlled substances in violation of Article 2 of Chapter 13 of this title; or

(6) Shows evidence of the previous concealment of other contraband.

(c) (1) It is unlawful for any person to knowingly own or operate any vehicle containing a false or secret compartment.

(2) It is unlawful for any person to knowingly install, create, build, or fabricate in any vehicle a false or secret compartment.

(3) It is unlawful for any person to knowingly sell, trade, or otherwise dispose of a vehicle which is in violation of this Code section.

(d) Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than two years, by a fine not to exceed $10,000.00, or both.

(e) Upon the arrest of a person who owns or is operating a vehicle which is in violation of this Code section, if the vehicle is not otherwise subject to forfeiture under other provisions of law, or not determined to be needed to be held as evidence, the law enforcement officer shall seize the license plate and registration for such vehicle and shall issue a citation for violation of this Code section and a temporary license plate for the vehicle. The temporary license plate shall be on a form as prescribed by the state revenue commissioner. The temporary license plate shall be valid for 30 days or until the owner of the vehicle provides verification that such vehicle has been repaired so as to eliminate any violation of this Code section, whichever occurs first. Such vehicle shall be subject to inspection by law enforcement and if it is determined that such vehicle has been repaired, the license plate and registration shall be returned to the owner at such time.
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I could not believe this until I found it by accident one day.
 
GAgunLAWbooklet said:
I AM a lawyer, and that Code section says that it only applies to compartments that either actually ARE used to hold contraband, or which the State can prove you INTENDED to use to smuggle contraband. Specific intent is not easy for the State to prove unless, well, unless you're really guilty and weren't careful about talking about cool your new meth-hiding box is. Under the right circumstances (and circumstantial evidence can be used to prove intent, even without incriminating admissions), you could get convicted even if there was no contraband in that hidden compartment when the cops discovered it.

I DON'T see any truly innocent person being charged under that law-- that's assuming you never carried drugs in there, never told people you did, never posted pics of your new hidden box on FaceBook and joked that you could fit 50 grand worth of cocaine in there, etc.
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Most of us are not lawyers. All of us are subject to asset forfeiture laws, which this law helps to support. The police say there's no reason to have a secret compartment unless you plan on using it to transport drugs, so they seize the vehicle and your possessions. No arrest or conviction needed.

As an attorney with experience in the field, how much do you estimate it would cost me, in time and money, to sue in civil court for the return of my 20+ year old Toyota truck? Or would you advise me to cut my losses, since it will cost more than the truck is worth?

Bottom line people: laws are tools of the tyrant, and we are living in a police state. Right and wrong no longer apply, because you can be right but bankrupted by your attempts to prove it. In my scenario I might win my property back after a few months or years, but I'd have to sell it to pay my legal bills.
 
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Jambo said:
Most of us are not lawyers. All of us are subject to asset forfeiture laws, which this law helps to support. The police say there's no reason to have a secret compartment unless you plan on using it to transport drugs, so they seize the vehicle and your possessions. No arrest or conviction needed.

As an attorney with experience in the field, how much do you estimate it would cost me, in time and money, to sue in civil court for the return of my 20+ year old Toyota truck? Or would you advise me to cut my losses, since it will cost more than the truck is worth?

Bottom line people: laws are tools of the tyrant, and we are living in a police state. Right and wrong no longer apply, because you can be right but bankrupted by your attempts to prove it. In my scenario I might win my property back after a few months or years, but I'd have to sell it to pay my legal bills.
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I've never personally dealt with an asset forfeiture based on violations of state or federal drug laws that DID NOT involve an arrest and prosecution of the owner or regular user of that property, but, in theory, sure. It's possible.
See O.C.G.A. 16-13-49 for asset seizure and forfeiture based on drug activity.

Criminal cases demand the State prove guilt BEYOND ANY REASONABLE DOUBT, not just reponderance of the evidence.

Civil cases, like this forfeiture law, only require the State to prove "by preponderance of the evidence" that the vehicle is subject to forfeiture due to being used in or purchased with the profits from drug distribution. Yeah, that's a pretty broad scope of activity. The state doesn't have to prove the owner of the vehicle violated a criminal law, or is guilty of a conspiracy or attempt to do so. But the State can't seize on a whim. They have to justify it with evidence. "Admissible in court" evidence. No hearsay. It's not a "probable cause" standard.
 
" but officers I don't know how the 50 kilos got in there but I thought if it was in plane view it would be ok??"


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GAgunLAWbooklet said:
I've never personally dealt with an asset forfeiture based on violations of state or federal drug laws that DID NOT involve an arrest and prosecution of the owner or regular user of that property, but, in theory, sure. It's possible.
See O.C.G.A. 16-13-49 for asset seizure and forfeiture based on drug activity.

Criminal cases demand the State prove guilt by preponderance of the evidence.
Civil cases, like this forfeiture law, only require the State to prove "by preponderance of the evidence" that the vehicle is subject to forfeiture due to being used in or purchased with the profits from drug distribution. Yeah, that's a pretty broad scope of activity. The state doesn't have to prove the owner of the vehicle violated a criminal law, or is guilty of a conspiracy or attempt to do so. But the State can't seize on a whim. They have to justify it with evidence. "Admissible in court" evidence. No hearsay. It's not a "probable cause" standard.
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You probably wouldn't deal with most of the asset forfeiture cases, as most people probably wouldn't bother to try to fight it. You would likely only see the big ones. My 20 year old truck wouldn't be worth making an appointment to try to get you to take the case.

In 2007 the DEA seized about 4 billion in CASH, but 81% was done administratively, with no charges filed, and no judicial review. Here's a link to some interesting information:

https://www.washingtonpost.com/news...-charged-with-a-crime/?utm_term=.90ad29484361

Here's another that indicates the feds and police took more stuff than BURGLARS in 2014:

https://www.washingtonpost.com/news...d-last-year/?tid=a_inl&utm_term=.45b9ceb0a8ce

You are probably familiar with the system, and know "how to play the game", i.e., work the system. For most of us who don't have that knowledge, the system is as good as rigged. I couldn't take the time off work and pay the attorney fees to get my old truck with its "secret compartment" back. I have little recourse if the cops want my stuff, or just want to punish me. They can imagine up whatever that indicates to them I'm a drug mule, and take what they want, legally. Months and thousands of dollars in attorney fees later I might get my stuff back.

Please don't misunderstand; I don't hold it against you that you know the system, I'm just telling it the way it looks from where I'm standing.
 
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