QUESTION
Is it legal for police to take possession of vehicle for an open container and distributing to a minor when the owner of the vehicle is present?
Asked on Jul 21st, 2012 on Criminal Law - New Jersey
19 ANSWERS
Family Law Attorney serving Alameda, CA
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The Derieg Law Firm
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According to California Vehicle Code section 22561(h)(1) states When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody. The police may take possession of a vehicle if they believe it was connected with a crime.
Answered on Aug 18th, 2012 at 2:01 PM
Criminal Defense Attorney serving Elizabeth, NJ
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Law Office of Vincent J. Sanzone, Jr., Esq.
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No something is fishy here. The vehicle should not have been seized.
Answered on Aug 13th, 2012 at 4:36 PM
The question is fact dependent. If the police believe the vehicle has evidentiary value or simply that it was used in the commission of a crime, the vehicle is subject to seizure by a police officer regardless as to whether the owner is present.
Answered on Aug 13th, 2012 at 4:36 PM
John Patrick Yetter
If the vehicle is used in the commission of an offense it CAN be legal, but is not always depending on circumstances.
Answered on Aug 13th, 2012 at 4:35 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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I am not sure if the police want to forfeit the vehicle. Contact the police department and demand to get your car back otherwise get in touch with a lawyer.
Answered on Aug 13th, 2012 at 4:35 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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If distributing involved controlled substances then a seizure by law enforcement can occur. Need more information about what was being allegedly distributed.
Answered on Aug 13th, 2012 at 4:34 PM
Yes, but the owner can go to the police station and get the car released if he shows proper ID and title.
Answered on Aug 13th, 2012 at 4:33 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Is it legal? You'll get the answer to that from the judge at the conclusion of an evidence return and/or evidence suppression motion if you have to file one to get back the car.
It sounds like someone committed contempt of cop with their attitude to cause this, since it is not normal to impound the vehicle.
Answered on Aug 13th, 2012 at 4:33 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If the minor was driving, yes. But usually if the owner is sober they just let him drive the car home.
Answered on Aug 13th, 2012 at 4:33 PM
Michael J. Breczinski
Yes they can impound it for being used in a crime.
Answered on Aug 13th, 2012 at 4:33 PM
Gary Moore
It is extreme conduct. Perhaps, a call from an attorney can clear up the problem.
Answered on Aug 13th, 2012 at 4:32 PM
If a vehicle is used in an unlawful activity the law enforcement officer handling that incident may legally impound the vehicle.
Answered on Aug 13th, 2012 at 4:29 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If the owner is arrested at the scene and the car is not legally parked, it is towed. If there is another driver available and the owner gives permission, that person may take the vehicle. The then have the right to do an inventory search, per their department policy.
Answered on Aug 13th, 2012 at 4:29 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I would need to know what their reason for impounding the vehicle was.
Answered on Aug 13th, 2012 at 4:28 PM
Family Law Attorney serving Layton, UT
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Michael S. Edwards Attorney at Law, PLLC
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Yes, probably so. Please consult with an attorney, and tell him or her all of the facts of your case, to get a more complete opinion.
Answered on Aug 13th, 2012 at 4:23 PM
3 Awards
They can seize it and impound it, but you get it back. Cops can really do anything unless you complain.
Answered on Aug 13th, 2012 at 4:23 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Friend, Depends on the state. In Calif. Yes, the law enforcement officer may temporarily take possession of a vehicle, even if the owner is present and sober, if the officer arrests a person driving or in control of a vehicle. They do not have to but they are permitted to do so. (See Ca. Vehicle Code Sec. )
Answered on Aug 13th, 2012 at 10:30 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If a motor vehicle is used in the commission of a crime the police can take possession of the vehicle and possibly search it if there is probable cause for them to do so. The fact that the owner of the vehicle is present does not limit the authority of the police.
Answered on Aug 10th, 2012 at 1:56 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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yes, it is legal to take possession of the car
Answered on Aug 07th, 2012 at 11:58 AM