QUESTION
How can the police prompt a car to be impounded and how long are they allowed to keep it pending an investigation?
Asked on Jul 28th, 2012 on Criminal Law - Georgia
More details to this question:
My younger brother had his car impounded by the police for suspicion that drugs were in the car. They had a dog come out but had failed to pick up a scent. They proceeded to tell him they know that they believe drugs were in there because they had found a roach on the seat. The police also failed to get a warrant to search the car which prompted the car to get impounded. My brother being a minor and not living at home had his friend put the car in his name as well but took full responsibility for the car and was in possession of the key at that point. Both my brother and owner of the car were involved in the incident but the police only gave the case number to the actual owner of the car. Was this lawful for them to impound the car? Who would be charged if the car was searched and they possibly found something? When can we get the car back?
16 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If the car was being used to transport drugs not only can it be impounded by the police but ownership of the car can be forfeited. If no drugs were found in the car the owner can have it returned to him by paying the towing and storage fee and proving ownership of the car. Since your brother's friend is shown as the owner of the vehicle he would have to get the vehicle released to him.
As soon as your brother comes of age or if you are interested in having the car titled in your name presently you should have the title transferred to the person that is going to be the owner.
Answered on Aug 20th, 2012 at 4:54 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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The owner needs to go to the car impound yard. They will probably tell him he needs a release from the police. Then he needs to go to the cops who seized it (impound guy should know) and ask those questions. Best if he gets a lawyer to do the part where he talks to the cops. The biggest problem is that enormous storage charges accrue daily to a point where the car isn't worth as much as is owed. The cops often do this just to hassle someone they suspect of criminal activity but can't prove it.
Answered on Aug 14th, 2012 at 1:30 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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You need to hire a competent attorney in the area of property seizure incident to arrest.
Answered on Aug 14th, 2012 at 1:29 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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It is impossible to advise you whether the police could legally search the vehicle with only the limited facts that you provided. Police need less basis to search an automobile then they do a person's home. Moreover, if an arrest was being made and the car was being impounded incident to the arrest, then an inventory search is permitted. The drug dog, believe it or not, is not considered a search under Michigan law. Since they found a roach on the seat, that is contraband and could be basis for a criminal charge/arrest, leading to a search incident to the arrest. If the vehicle is only impounded because of the arrest and is not evidence, it should be recoverable right away. If evidence, it depends upon the manner it is being used to determine whether the police can keep it indefinitely or not. The owner(s) need to petition the court for the return of the car. Finally, since both people are owners and were present in the car, both could be charged if drugs were found.
Answered on Aug 14th, 2012 at 1:28 PM
Michael J. Breczinski
How long have they had the vehicle? If it has been a while you might want to get an attorney to sue for return of the vehicle.
Answered on Aug 14th, 2012 at 1:28 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Investigation for a reasonable time. File something in court.
Answered on Aug 14th, 2012 at 1:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Too many questions with too few facts. I will need much more information before I could render an opinion. Is the car simply impounded, or being held as evidence? A roach is drugs. I would suspect that the owner (titleholder) of the car will be getting the notice regarding it.
Answered on Aug 14th, 2012 at 12:53 PM
Leonard A. Kaanta
Until the investigation is over.
Answered on Aug 14th, 2012 at 12:55 AM
Cops "impound" cars all the time. It's very bad in Detroit. You have to contact the prosecutor's office to try to make a deal or you'll have to retain an attorney to investigate.
Answered on Aug 14th, 2012 at 12:54 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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They should release the car. If they did not find drugs, they would have to get a search warrant and show probable cause to a judge as to why the car should be searched. The only other reason they might have is if they think the car is stolen or there is a problem with the title. Then they may be holding it as evidence, but I am just guessing.
Answered on Aug 14th, 2012 at 12:53 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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They will have a hard time explaining why the car was impounded, keep calling them and asking when the care can be released.
Answered on Aug 14th, 2012 at 12:53 AM
The car can be kept as long as the case is pending. Even after the case is over, an attorney has to get a return of property order signed by the Judge.
Answered on Aug 14th, 2012 at 12:51 AM
To impound a car the police need probable cause to think that a crime was being committed and that the car was involved. From your facts there was a crime being committed (possession of marijuana) and it was found in the car. Therefore, the police had a legal right to impound the car. Once the car is impounded the police are allowed to conduct an inventory search of the car. This is for your protection so that none of your property is missing. However, it is only used by the police to search a car without a warrant. If the police find drugs in your car they do not have to return it and they are allowed to sale it at auction.
Answered on Aug 14th, 2012 at 12:49 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, it is a lawful impound. They will keep the car for as long as necessary, if it is evidence to the commission of a crime. I don't know anything about your brother or the people he is hanging with. I don't know anything about the case. If the vehicle was impounded, I suspect that the crime that is being investigated is relatively serious. If the facts warrant it, yes, your brother could be charged. Depending upon the charges, despite the fact that he is a minor (I assume at least 16), then he could be charged as an adult. My advice: seek out and retain the services of an attorney who can help you. Since I know nothing about the facts of the case, I can't advise you in any more detail.
Answered on Aug 14th, 2012 at 12:45 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Anything can be impounded or seized as evidence when a crime is suspected, and it can be held until the case is finished. The owner can file a written request to police to release and return it. If that is denied, the owner can file a noticed Motion in court seeking a court order for return or property. Such motion would compel the police and prosecutor to justify retaining the property, or release it. A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. I can't speculate on what they may or may not do, or who could be charged with a crime. When and if someone is charged, then I defend them.
Answered on Aug 14th, 2012 at 12:27 AM
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Usually the car is released unless it is a crime scene or a proceed of illegal drug sales and then a forfeiture action will be filed against it.
Answered on Aug 14th, 2012 at 12:25 AM