QUESTION

Can police come on my property with no warrant and take my trailers because they do not have a stamped VIN plate?

Asked on Feb 14th, 2013 on Criminal Law - California
More details to this question:
Can police come on my property with no warrant and take my trailers because they do not have a stamped VIN plate that they are saying it must have if it is a manufactured trailer? Initially the officer in charge informed me they were there for one specific UHAUL trailer, which he said was stolen because he knew UHAUL did not sell any of their trailers or any other equipment ever. THEY ENDED UP TAKING THE UHAUL ALONG WITH 3 OTHER TRAILERS OF WHICH I OWNED BECAUSE THEY SAY SO BASICALLY! What is your take on this matter. All info. Will be appreciated.
Report Abuse

2 ANSWERS

Michael J. Breczinski
They should have had a warrant and the search was illegal. If you haul did not say it was stolen then they overstepped their bounds.
Answered on Feb 21st, 2013 at 2:58 PM

Report Abuse
Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
Update Your Profile
There is clearly a search & seizure issue here. I cannot answer it directly yes or no (did the cops need a warrant before seizing the property ) without more detailed facts and some research into the law. Some questions: if the cop knew the one trailer was stolen (was it ) is it then "contraband" which the cops can lawfully seize. Does he have a right to enter on private property to do so. If lawfully on the property, can he then seize other trailers that he only suspects to be stolen I think there are some real issues here and would encourage you to consult with a good criminal defense attorney. You will certainly need one if/when charges are brought against you (assuming the trailer(s) was/were stolen). These search issues may be the key to a successful defense.
Answered on Feb 19th, 2013 at 1:11 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters