I am perplexed as well...
“If the car is causing a danger to public safety then the police can remove and seize the car,” he said. “But it’s unconstitutional to take someone’s property away solely because he doesn’t have a license—it’s not enough reason to justify a seizure. If the driver takes this issue to the court, I am not sure he would win, but I am certain that if the Berkeley Police Department and the City of Berkeley continues to tow cars, they face a big chance of incurring significant financial liability.”
I agree it is unconstitutional to take away someone property granted that the property is on or contained within the confines of PRIVATE property. Vehicle operators have an obligation to abide by the laws of public safety on PUBLIC roads. When one does not have a license AND insurance they are now operating their private property on public roads and endangering the general publics safety.
I have two words for unlicensed drivers "Public Transportation".