My son (17) was riding in the car with some friends. They got pulled over by cops and the driver (17) was arrested for not showing up to court for tickets. In the process they searched my son, emptied his pockets etc. They took his cell, wallet etc out of his pockets and then threw it in the car. They then towed the car not allowing my son to get his items out. Now the tow co. will not give us his belongings because its not our car and they wont let you get things out of the vehicle until its paid for. Its been almost 2 weeks and the guy is still in jail. We have no clue when he is gonna get out. How can we get his belongings?
ps- my son was never arrested, charged or found to be doing anything wrong
2007-09-09 08:56:36 · 14 answers · asked by JJ 5 in Politics & Government ➔ Law Enforcement & Police
My son is being honest. I had to pick him up from the police cause he had no ride and even talked to the cops about it but the car was already gone and they pretty much just said "oh well, call the tow co. and see if they will let you get it"
2007-09-09 09:06:20 · update #1
I don't understand why the police would have locked your son's belongings up in the car belonging to his friend. Your son probably should have requested to get his stuff back since he was not arrested. The tow company can refuse to let you into the vehicle because they are responsible for the property in it. I would recommend that you contact the sergeant in charge at the police station to see if he can help you resolve this problem. If he can not resolve the problem, take it to the police chief.
2007-09-09 09:16:59 · answer #1 · answered by chill out 4 · 2⤊ 0⤋
First a response to Terry J- That is burglary, and it is an increased felony due to it being a police impound. Don't give advice if you don't know what you are talking about.
As for your question. Supreme Court has ruled that when an officer stops a vehicle he/she is also seizing all people and items within the vehicle. I don't know the circumstances of the incident at the scene. However, I usually allow everyone to get their belongings from the vehicle before it being towed. However, if there is any dispute over who owns something the item is either tagged or towed with the vehicle. It is up to the tow company to allow you into the vehicle. Most companies will mot allow you into the vehicle unless you can prove you are the registered owner. Unless you can get the officer's supervisor to get the tow company to allow you to get the property you are pretty much out of luck until the subject arrested gets his car. Just FYI, if the car owner doesn't get the car out of the impound after a certain timeframe they will sell the car at a police/tow company auction. This is usally 60-90 days (but that is in FL).
2007-09-09 10:39:20 · answer #2 · answered by plutarian04 3 · 1⤊ 1⤋
As to you question are the cops and tow company allowed to this" Yes. plutarian04, has the nailed the answer. Depending how quickly the tow arrived on the scene, and how many "friends" in the onscene, it may not have been reasonable to figure out what stuff belonged to who (although I have to concede the wallet should have been obvious). Once the tow company take possession, we're unable to take anything out of a vehicle.
Anything you can do? Lots of things...the first would be to keep better tabs on who your son is hanging out with. We're all judged by the company we keep, and the only person who put your son in this position is the driver. Perhaps you'll think that its just not showing up for court on tickets, but do you even know what they were for, or if his drivers license was valid? If he's been in jail for 2 weeks it isn't for something trivial.
Call the tow company and PD. Figure out exactly what their policies are. Should be easy to prove ownership of your son's wallet. The phone and etc, you may have to put down to experience
2007-09-09 12:50:59 · answer #3 · answered by lpdhcdh 6 · 0⤊ 0⤋
It all depends on the policeman as to whether you'll get your car towed. If you didn't have proof of insurance or your license, then for all he knows you're lying to him. That's why you should always have that stuff with you. You can go to court and fight the ticket, but make sure you have all of the paperwork with you. You won't be able to get the money for the impound back, but since cops write so many tickets they can't always make it to every hearing. So it's likely he won't be able to show up and you can get the ticket dismissed. And don't forget, you were going over the posted speed limit. The cops don't HAVE to give you 5 over. They can stop you for 1 over if they feel like it. The speed limit is just that--a limit. If you exceed that limit then they have every right to cite you for speeding.
2016-05-20 07:52:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your complaint is with the Tow company, as I am sure that it is their company policy and had nothing to do with the Police involvement. Contact a Supervisor of the Police agency or Sherrif's department involved. I can assure you they will help you get authorization to recover your son's belongings in light of the fact he wasn't arrested, or charged with anything, and was a passenger not driver of the car......
2007-09-09 09:05:54 · answer #5 · answered by JD 7 · 3⤊ 0⤋
Check your state laws. I'm not sure what State you are, but here (Missouri), a tow company has to give you any valuables that are in the car if you can prove ownership.
I'm not exactly buying your sons version of the events though.
2007-09-09 09:26:52 · answer #6 · answered by Kenneth C 6 · 0⤊ 0⤋
Yes they can do this... police and tow companies in new york state, especially in rural areas, work with each other to insure the tow drivers will get paid. A common tactic is to put all the person's valuables into the car before it is towed. your only option is to pay the tow company yourself, and then try to get the money back from the guy who was arrested.
2007-09-09 09:02:31 · answer #7 · answered by shroomigator 5 · 0⤊ 2⤋
Something doesn't seem right. Go to the station, and talk with the Officer. Your son's items should not have left with the vehicle. There may be another side to the story.
2007-09-09 10:26:23 · answer #8 · answered by CGIV76 7 · 2⤊ 0⤋
who owns the car the boy that is in jail or his parents ? if he has co signers like his parents they can write you a note to allow you to get your belongings out of the car . good luck . also you may have to go to the jail and get the young man to write you a note and allow you to search the vehicle and get your things . also if I were you I would file a complaint with the police department and let them know that the police officers behavior was out of line . Dont expect to get anywhere with that though . Most cops protect other cops . They all have an attitude with a badge .
2007-09-09 09:03:36 · answer #9 · answered by Kate T. 7 · 2⤊ 4⤋
Sorry, your son was with a figitive.
The best way to avoid trouble is to stay way from it.
He was in the wrong place at the wrong time.
Did you ask the police and what did they tell you.
2007-09-09 09:05:09 · answer #10 · answered by TedEx 7 · 0⤊ 2⤋