Can police enter a gated driveway and take a vehicle without permission or a warrant?

Question

The police entered my fully gated and closed gate driveway and confiscated my wife's vehicle. My wife and I are separated and her vehicle is registered to her current address. They made no contact prior to entering my driveway and had my dog's barking not awaken my daughter to see what was going on, they would have taken the vehicle without contacting anyone. I have video of the officers arrival and entering closed gates and fenced driveway.  The police did not arrive while vehicle was in motion  and officer stated  they ran plates for vehicle owner's address which it should not have brought them here if that was the case. I understand that my address is shown as the prior address for the vehicle but does that exclude them from thief in the night activity?  The police stated the vehicle was involved in a flee and elude but to our knowledge it was in the same location it was when she left it. I asked them if they had a warrant and they said they did not need one. They established that we were not the drivers but took the vehicle under our protest. What is right in regards to this?

Austin Hirschhorn · Answer

If the vehicle was involved in a fleeing and eluding case the police would have the right to seize the vehicle wherever they were able to find it. 

What I don't understand is why your wife's vehicle is parked in a gated driveway at the place where you live if you and she are separated.  

Why isn't her car at her address?  You also don't say when the alleged fleeing and eluding occurred.  If it happened before you and she separated were you aware that she might be charged and were you keeping the vehicle at your address so it couldn't be seized by the police and possibly forfeited?  

It sounds to me like there was some excellent police work done to locate and seize the vehicle.  If the police are aware that you and your daughter were not the driver's of the car why are you concerned about them taking the car which you said belongs to your wife?  

There seems to be a lot of information that you haven't given me about what is going on in this case that might help me give you a better answer.

James Schoenberger · Answer

They do need a warrant, period. This is an illegal search and seizure.

Jared Altman · Answer

It's not your car, right? So, you haven't really been damaged.

Mark Smith · Answer

The only time the police can take a vehicle without a warrant is if they   are in pursuit otherwise they need a warrant.

Dennis Roberts · Answer

If neither of you is charged get a civil lawyer to sue them.  It is also going  to cost you a fortune to bail your car out of impound.

Leonard A. Kaanta · Answer

They trespassed, you need to see an attorney.

Terry Nelson · Answer

Can they?  Well, did they?   The registered owner now gets to fight it out in court seeking return. Sounds like the owner also faces, or risks, criminal charges.  The owner needs to take action, as the impound fees mount up daily.

Edward Blum · Answer

Motion for return of property.

Stephen Freeborn · Answer

You do not really tell me why they took the car.... you say "flee and allude".  It sounds to me like the vehicle may have been used in the commission of a crime.  You also don't say how long the vehicle was on your property.  Did the officers follow you/the vehicle to the property.  Is there a close proximity between the time the crime was alleged to have been committed and the officers showing up?  All of these are factors that need addressed before I could advise you.  My advice:  consult with an attorney who can review the facts of you particular case.

Jennifer Leigh Gottschalk · Answer

A warrant is obtained based upon probable cause. A warrantless search and seizure of property can occur under certain circumstances. I would discuss this with an attorney.

Thomas Tomko · Answer

There is some of the story that seems left out.  It appears that you have presented the positive things, yet there is still the question of who was driving the vehicle.  The vehicle seems to be part of the evidence in the case, and if there is hot pursuit or some other justification, the perhaps the police can legally act as they did.  Alternatively, if there is nothing more, then perhaps they acted outside their authority.  You should consider hiring an attorney to review the facts in more detail.  If someone in the household was charged with the offense involving the vehicle, then you may find that there is little to support improper action by the police. I hope that this was helpful.

Gregory Crain · Answer

Hire an attorney.

James Osak · Answer

File a Complaint against the cops involved.  Protect and backup that video.  If cops saw vehicle in that "flee and elude" then they wouldn't need a warrant . . . BUT . . . if this was based on some incident that took place days earlier then they WOULD NEED a warrant.  

Cops play "fast and loose" on these warrant requirements and the prosecutors and judges allow this nonsense to occur in the interests of justice. They don't want to be seen as "soft on crime!" 

So they thank the cops for the wonderful job they did . . . even though cops broke laws/statutes themselves. You might have a "wrongful taking" claim against the cops. Now all this depends if the car WASN'T in that fleeing and eluding.

Jeff Yeh · Answer

They don't need a warrant if they have probable cause. For example, if they see someone drive the vehicle a few minutes ago and a crime was committed.

John Toivonen · Answer

Police cannot search and seize property without a warrant. However, there are exceptions to the rule. In your case it may be that they were concerned that the evidence was about to be destroyed. First, you want an attorney to contest the validity of the seizure. If you win on the seizure and this is deemed an illegal search, you could sue for damages.

John Brennan · Answer

Too complex to answer here, you (your wife) needs an attorney now.

Michael J. Breczinski · Answer

I would think that they needed a warrant.

Gregory Casale · Answer

I would have to investigate but from the limited facts that you provide, it does not sound like they had the right to take the vehicle. The main issue is what was the reason for taking it. You say flee and elude. Those are not terms typical to investigations. Unless your wife gave them permission to take the vehicle they would need a warrant. There may be exigent circumstances providing authority, but I don't hear any on your statement. I would hire an attorney if I were you.

Gary Moore · Answer

You need to hire an attorney.

Nathaniel Shafer · Answer

Generally, the police do need a warrant to "seize" your property, especially if it is within the boundaries of your house. However, there is a question of whether or not you have "standing" to contest the seizure of property that is not yours. You indicated that your wife and you are separated, so if you aren't yet divorced, you may have standing. However, keep in mind that you very rarely win monetary damages from the police. It is more likely that any evidence they seize will be suppressed in a criminal case.

Jason Savela · Answer

They should need a warrant.  But, if the car is not yours, police can likely recover someone else's property.  I think courtesy would suggest a different method.  Now, if there is evidence in the car that the police want, then that is probably a different story - the evidence likely can be suppressed for use against you or anyone lawfully residing at your home or anyone lawfully parking that car at your home.  If the police contact you, your wife, or anyone else about driving the car, make sure everyone knows to just say, "I want a lawyer."  No matter what the questions and no matter what they imply.  Eluding can be a felony with significant drivers license consequences.  If they are asking questions, they do not have enough evidence to convict.  Keep your mouth shut and we can make the case go away.  Just say I want a lawyer.

Mark R. Thiessen · Answer

You need to hire an attorney to protect your wife if she is charged.  There are limited times police can act without a warrant, but you need a great trial attorney to fight it.

Herschel Bullen · Answer

If the vehicle is subject to forfeiture under federal drug laws, 21 U.S.C.A. ? 881, maybe they can seize it absent "exigent circumstances," provided they have probable cause to believe it is properly subject to forfeiture.  However, taking it from private property is not generally speaking, in my opinion, legal.  There may be circumstances which justify that as well.  But it doesn't sound lawful.  You may have a right without much of a remedy.  You could sue the police for damages for trespass.  But the damages are too minimal to justify legal action.  If criminal charges are filed, or there is a forfeiture of the vehicle, there may be some defenses to the forfeiture or the evidence of the vehicle or its contents may be rendered inadmissible as a result of the illegal seizure.

Bruce Arthur Plesser · Answer

If the car is evidence of crime. Exception to warrant requirement.

Michael Palumbo · Answer

An interesting dilemma for sure. They violated YOUR RIGHTS to illegally obtain evidence against another person and seize without a warrant the vehicle, which again was not yours but hers. 

Guess what, it is totally legal to violate 1 person's rights to glean evidence against a 3rd person. The only question is whether they had a right to take the vehicle without a warrant, not that they illegally entered your property to do so.

Robert De Groot · Answer

It sounds to me like your wife sent them to get the car. Have you checked on this possibility?

Steven Alpers · Answer

It sounds like they took it as evidence of a crime. I don't know why they would not return it to you after the lab checks for prints and other evidence. You will probably have to pay for towing and storage. Some of the justification may depend on whether it was minutes, hours or days after the car was used to get away.

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Can police enter a gated driveway and take a vehicle without permission or a warrant?

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