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Can police drive vehicle without permission?
If you're arrested, can the police drive your vehicle without your consent? Can they have the vehicle impounded, without any intention to search it, instead of calling your family and giving them the choice to pick it up? I live in Florida.
I was arrested during a traffic stop. I was arrested in a parking lot during a sting operation. I am not in the habit of being arrested, I am not a scumbag criminal, and like several others who were arrested today I am seriously considering suing the county and sheriff's office. That being said, my vehicle was not in a roadway and was not blocking traffic. I see no reason why the tow truck could not tow my vehicle from where it was. Additionally, the officer drove my vehicle a mile down the road to the sheriff's substation where it was towed from by tow truck.
9 Answers
- Anonymous1 decade agoFavorite Answer
If I arrest someone in the course of a traffic stop and there is not another licensed driver in the vehicle, I always impound the car. I do not leave the vehicle parked on the side of the roadway for someone to come and get it later because it's a liability. If I leave the car there and it get stolen, broken into or vandalized, the owner files a complaint/suit against me and my department saying that it's my fault the car was left there unattended and thus made vulnerable to theft/damage. So, the bottom line here is I'm not accepting that kind of liability.
I don't have to search the vehicle in order to impound it. Impounding the vehicle, in an arrest situation, is done for safekeeping, and no other reason.
As for the driving part, I think you probably mean that the officer drove your vehicle a short distance to get it off the main roadway while waiting for the tow truck to arrive (or something like that)? We have an obligation to get the roadway cleared as soon as practical and if your vehicle being in the travel portion of the road causes enough of a hazard, it should be moved as quickly as possible.
Source(s): 13 years police - 1 decade ago
This is State specific. In California if you are arrested and the driver of a vehicle, the vehicle can be stored by the police. If the vehicle is not legally parked or in an unsafe place the police may move it. This is called the 'Community Caretaker' function and has been upheld by the Federal Courts as recently as last year. As for the constitutional issues of a Police officer entering a vehicle without permission, it is perfectly legal to search the vehicle of an arrested person.
Source(s): 'Belton Rule', 'Bright Line Rule', and California Vehicle code 23651 (h) - sugarBearLv 61 decade ago
If you get arrested, your car gets towed, depending on the reason you got arrested they will impound your car, either way, it will get towed to a storage (where all the other cars get towed to) and you will be charged the tow fee, the storage fee & the daily fee to keep the car in the storage (hecka expensive). I don't think calling a family member will help get the car out of the storage because the people that work in the storage can only release it to the Registered Owner. You will have to get it out when you get out of jail. A police man driving your car to the Police Station & getting it towed there is odd. Sounds like he probably just wanted to drive your car for the heck of it. Your right, he should have gotten it towed from where it was parked in the first place. Maybe they searched it or maybe the Policeman is a jerk & just wanted to go for a spin down the block. Do you have a nice sports car? expensive car?
GOOD LUCK!
- Kenneth CLv 61 decade ago
Do not listen to Nicky C, he always has bad information.
Police can search a vehicle incident to arrest (without a warrant). That has been held up time and time again in courts. Police also may move your vehicle. Sometimes off the roadway, sometimes down the road (DWI check points) and even to the station. But that is rare due to liability concerns. Still legal enough though.
- Anonymous1 decade ago
No place in the united states is it legal for a cop to get into your car with out you consent unless they have a search warrant or you have done something foolish like an illegal substance in plain view therefore giving them probable cause.
Just to clarify for a few who would like to lead us to believe that we do indeed live country where the police get to make all the rules and the exception to said rules I have decided to offer you a summary of case law.
THE FOLLOWING IS A COMMENT MADE BY JUSTICE STEWART DURING A TRIAL PERTAINING AS TO WHETHER OR NOT A WARRANTLES IS LEGAL... IN FLORIDA.
IN THIS CASE A COUPLE OF COPS WENT TO A KNOWN CRACK DEALERS PLACE OF EMPLOYMENT AND ARRESTED.
So, after reading what I have provided for you here you may then make a educated decision on whether or not any cop has your best interest in mind and whether or not i know what I am taling about. Some may lie, others provide proof.
"[T]he most basic constitutional rule in this area is that `searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment--subject only to a few specifically established and well-delineated exceptions.' The exceptions are `jealously and carefully drawn,' and there must be `a showing by those who seek exemption ... that the exigencies of the situation made that course imperative.' `[T]he burden is on those seeking the exemption to show the need for it.' " Coolidge v. New Hampshire, 403 U. S. 443, 453 , 454-455 (footnotes omitted).
You can do a google search and pull up any case law or study of anything you wish. If you are unable to find it through Google then try Findlaw.com, often the laws are open to interpretation and how a judge rules has everything to do with your attorney and the judges interpretation of the law.
NOT the COPS WISH!
Source(s): "The citizen who stands by his legal rights in the face of lawless government misconduct upholds the law and renders a service not only to himself but the public generally." Edited answer to help clarify to any one who may believe the ramblings of a cop! Justice Sanders, defending the right to forcibly resist false arrest, State v. Valentine, 935 P.2d 1294 (writing in dissent). WA Supreme Court, 1997. A very honorable and wise man was gracious enough to share this with the folks who are interested and concerned about the misconduct of law enforcement officers. You really should get on the net and look up some support groups such as copwatch.com and oct.22.org and stolen lives and commuinities against police brutality and many more... my favorite is copwatch the mods are wonderful as are the other members ( well most of em anyway!) Landshark has made a good point, if the cop needs to drive your car out of a dangerous place such as the middle of the road I am sure they are probably required to that and it probably would be the cops liability if he/she was to leave your vehicle unattended and something happend, but like I said if the cop is a real jerk he will not give someone the opportunity to come and get the car even if he has the time to do so. Like if he is getting ready to drive you to the jail... whats the harm in waiting for 5 to 10 min so a family member can come get your car. Even people who are not as perfect as some of the posters here usually need their vehicles to get to work. ya know work, employment , a way to raise ones family without relying on the welfare system, something that some sworn officers of the law would not care to take into consideration. For some it all comes down to black and white not humanity. Good Luck! - Anonymous5 years ago
do no longer worry approximately sending the letter. it particularly is obtrusive which you gave her permission to take the vehicle from you, and in all probability the keys. this ability you are able to no longer record it as stolen. you are able to, in spite of the shown fact that, be to blame for permitting an unlicensed and uninsured motive force to function your vehicle. pass get it back. Take the police with you if mandatory.
- Anonymous1 decade ago
if it is impounded it belongs to the police