QUESTION
Was it legal for a police officer to search my vehicle?
Asked on Mar 22nd, 2016 on Criminal Law - Michigan
More details to this question:
I had a wreck in Tennessee and the vehicle was disabled. A wrecker towed it to their facility. I was called by the police officers later that evening stating that there was marijuana found in my vehicle by the tow truck driver. Did the police officer have legal rights to search my vehicle on the tow truck drivers find? Not sure why the towing company was searching through my car to begin with but that's how it happened. There were 2.5 grams found I was charged with possession. I did not claim ownership of the weed.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Before I answer your question, be aware that I am a California attorney and not completely familiar with Tennessee law. The information I will give you is general in nature and you should seek the services of a Tennessee attorney. The "search", as you described it, sounds like an inventory search by the towing company. Usually legal, in most states, to protect the towing company from false claims for missing or stolen items in the vehicle. I strongly suggest that you contact an experienced criminal defense attorney licensed in the State of Tennessee for a face-to-face consultation and give him/her all of the facts surrounding your situation.
Answered on Mar 24th, 2016 at 9:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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We need towing company or police agency takes possession of the car generally they do A custodial search in order to determine what is present in the car. That is not illegal.
Answered on Mar 23rd, 2016 at 9:23 PM