Bell v. City of Chicago, No. 15-2833 (7th Cir. 2016)
Annotate this CaseChicago Police officers arrested Bell for possession of a controlled substance while he was driving Spinks’s vehicle. They impounded the vehicle after Bell’s arrest. Chicago Municipal Code 7‐24‐225 permits police to impound a vehicle when officers have probable cause to believe it contained a controlled substance or was used in an illegal drug transaction. Spinks challenged the impoundment in the Chicago Department of Administrative Hearings. The ALJ determined that probable cause existed to impound the vehicle. A month later, an ALJ found Spinks liable for violating the Code and ordered that she pay the prescribed penalty of $2,000 plus $180 in storage and towing fees. Spinks and Bell filed suit, alleging that the ordinances were facially invalid under the Fourth Amendment to the U.S. Constitution. The district court dismissed. The Seventh Circuit affirmed, rejecting arguments that the Code permits warrantless seizure of vehicles in all instances and allows for a non‐judicial officer to determine whether probable cause exists to allow the vehicle to remain seized. Under the Code, the officer seizing the vehicle without a warrant must have probable cause to believe it contains illegal drugs or has been used in an illegal drug transaction. The court noted that plaintiffs did not employ post-seizure state law remedies.
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