Cal.3: 30 day impoundment of a vehicle with admin review satisfies due process and the Fourth Amendment

Under California law (Vehicle C. § 14602.6), one driving a vehicle with a suspended license is subject to having his or her vehicle impounded for up to 30 days, with a provision for administrative review and mitigation of the impoundment. The statute provides due process, and, thus, no Fourth Amendment violation. Alviso v. Sonoma County Sheriff’s Dep’t, 186 Cal. App. 4th 198, 111 Cal. Rptr. 3d 775 (3d Dist. 2010):

Our conclusion that the prompt administrative hearing provided under sections 14602.6 and 22852 satisfies the requirements of due process dispenses also with Alviso’s contention that the impoundment provisions authorize an unlawful seizure in violation of the state and federal Constitutions, which rests on the same premise–i.e., that the Constitution requires post-seizure judicial review. Alviso does not challenge the initial seizure of his or any other vehicle under section 14602.6, but “only the continued warrantless retention of the vehicle for 30 days or more without post-seizure judicial review.” Since the validity of the initial seizure is therefore not at issue and our analysis under Mathews satisfies us that the administrative hearing available on two days’ notice satisfies due process requirements for the government’s continued retention of the seized vehicle during the 30-day impoundment, the statutory scheme does not effect an unconstitutional seizure.