In most instances, the damage done by police in the execution of a search warrant, though usually needlessly extensive and intrusive, can be repaired.  But there are times when the police are seeking an item so unique, so extraordinary, that it could be almost painful to let them lay hands upon it.  This is one such time.

From Orin Kerr at VC, the Connecticut State Police sought and obtained a search warrant for the garage of a Sharon classic car collector, Paul Hallingby, to seize a 1958 Ferrari 250 GT Pininfarina Series 1 Cabriolet.  There were 40 made.  And they are quite special.  Why would they do such a thing?  From the local CBS affiliate :

Connecticut state police say a rare Ferrari worth millions of dollars that was stolen in Spain 15 years ago has been found in Sharon.

State police say car thieves falsified documents and records for the 1958 Ferrari 250 PF, then sold it in 2000 to an apparently unsuspecting car enthusiast in Sharon for $550,000. It’s worth somewhere between $4 million and $5 million.

State police say they began their investigation in June after learning the car was registered in Connecticut.

Authorities say the thieves smuggled the Ferrari into the United States and registered it in New Jersey in 1994 with a false vehicle identification number. They say the owner is a resident of Switzerland.

But the story, like so many, isn’t necessarily the story, like so many.  But before we even consider the tale behind the purported theft, consider what it’s like to be Hallingby.  He was, if my law school memories serve me well, what we call a bona fide purchaser for value.  He wasn’t involved any alleged theft, and was just a buyer of the car down the line.  He owns a total of 22 classic cars, 5 of which are Ferraris.

Ironically, anyone who knows classic cars knows that Hallingby had the Ferrari.  He showed it at the Greenwich Concours d’Elegance.  The funniest part of this is that the police officer noted this in the warrant, though he couldn’t figure out why it was pictured in the 2005 Concours, but not the next year.  Of course, if he had the slightest clue how the Concours worked, he would know that a car cannot enter two years in a row, but only once every four years.

Nonetheless, the State Police Officer “swore” in the seizure warrant that:

The affiants know through training and experience that individuals who collect high priced collectors vehicle . . . would know to take reasonable steps to confirm the legitimacy of his purchase of the 1958 Ferrari 250 PF with vehicle identification number 0799GT.

Do they teach them all about Ferraris at the police academy?  Perhaps the police and guys like Hallingby hang out together after their shifts?  Maybe the cop swearing out the affidavit has a few classic Ferraris of his own?  After all, at about $4 million each, he could afford them with a little overtime.  But then, he would have seen it at the Greenwich Concours d’Elegance, or at least known something about the show.  Apparently, the judge didn’t either.

But there is another problem with this seizure.  It was based on an interpol report of a stolen car, and a demand for its seizure and return by the person claiming to be its owner, a Swiss national who says it was stolen in Spain. 

But the inside story, known to those who might actually have a clue about classic Ferraris, is a little different than what the cops took as gospel.

The PF Cabriolet was supposedly by owned by two Italians. They got into a disagreement over the car, and one of the partners, the one holding the title paperwork, sold it, and provided the new owner with everything necessary to register the car. However, the seller didn’t give his partner any of the proceeds from the sale.

According to our sources, the other partner was understandably irritated when he discovered he no longer had a Ferrari or any money, and filed a stolen car report. This also might explain why the seller refused an insurance settlement, as to have accepted might have created further legal complications.

Note the crucial detail, confirmed here, that the alleged victim rejected payment of the insurance settlement.  Fifteen years later, and he had still never accepted payment for the loss.  The Connecticut State Police received a “tip” that Hallingby had the car, which was explained as their “confidential  source” who ratted Hallingby out.  Apparently, someone decided to get Hallingby, and used the police to do so.  And police were happy to blindly oblige.

Rather than simply go to Hallingby and speak with him about his car (remember, he was just a purchaser down the line, not an alleged car thief), the cops felt it absolutely necessary to seize it, lest he what?  Spirit it away in the middle of the night?  Why would they assume that some 15 year old dubious complaint from some unknown person in Europe is more likely true than the bona fides of a pretty well-established resident of their state, particularly when his ownership of the Ferrari was widely known?  Why would they treat a bona fide purchaser as a criminal?  Why wouldn’t they show some respect for the car? 

Hallingby kept his cars in garages built for the purpose of preserving them.  The Connecticut State Police are unlikely to have a facility quite as purposed as Hallingby, and are more likely to have one of those great big yards with chain-link fences topped by barbed wire and protected by dogs to hold their seized vehicles.  

We can only hope that this Ferrari 250 GT PF cabrio survives this ordeal.   Please don’t hurt the car.

Full Disclosure:  I am the owner of a classic car (though not a Ferrari and not worth $4 million).  Still, this story strikes at the heart of classic car owners everywhere.