Out of a hundred or so videos I saw this channel this is the only one where you given absolute know instead of trying to find ways around the law and the Constitution.
@@DylanL703if your presence is legal in the parking lot, then yea you can. Why wouldn’t a tow truck driver be allowed to drive through a public parking lot?
I believe you can take the car even if it's parked in someone's driveway. You are legally there and the vehicle is stolen, some victim is missing vehicles. I will 100% recover it. Worst thing that can happen to me is the case gets dropped on the guy who stole the vehicle.
I think you guys are completely misinterpreting Collin’s v Virginia. The court had an issue with the officers searching the vehicle by removing a tarp over it to see if it was stolen. If you run by a stolen car that can be observed in plain view and run a license plate that comes back to a stolen car that matches that car, you have probable cause to seize that vehicle on private property all day.
That was not the response of the justices. They made a clear statement that the automobile exception does not apply on curtilage and warrantless search on curtilage does not apply. If there had been no tarp and he ran the VIN he would still be performing a search. If it was private property that didn't fall under curtilage but open fields then they should be good. Plain view is when you see something in a place you have a right to be. You may observe the plainview from the street but the location it's sitting is curtilage which is not a place you have the right to be. The same if you saw a marijuana plant in the living room window. You cannot go kick in the door without a search warrant and take it.
Your definition of "grab & go" sounds problematic to me. Not to mention, an order to check chil welfare is neither an arrest warrant or a search warrant. There is no way to know or even reasonably suspect a car in a garage is stolen unless it's your own personal car A car in a garage isn't plain view. Just wait till car moves and do one of your standard pretextual stops or just follow and run the plate when it's actually in plain view, on the street.
What would be the consequences of taking the vehicle other than potentially losing evidence? It seems like its such a low level of intrusion.
Out of a hundred or so videos I saw this channel this is the only one where you given absolute know instead of trying to find ways around the law and the Constitution.
Correct me if I’m wrong… So if we get an ALPR hit for a stolen vehicle and see it parked in someone’s driveway we can not take it ?
I guess he's saying a warrant is needed if there isn't an exigency
Correct
Does this also count for finding unoccupied stolen vehicles in apartment complexes and store parking lots ?
@@DylanL703if your presence is legal in the parking lot, then yea you can. Why wouldn’t a tow truck driver be allowed to drive through a public parking lot?
I believe you can take the car even if it's parked in someone's driveway. You are legally there and the vehicle is stolen, some victim is missing vehicles. I will 100% recover it. Worst thing that can happen to me is the case gets dropped on the guy who stole the vehicle.
I think you guys are completely misinterpreting Collin’s v Virginia. The court had an issue with the officers searching the vehicle by removing a tarp over it to see if it was stolen. If you run by a stolen car that can be observed in plain view and run a license plate that comes back to a stolen car that matches that car, you have probable cause to seize that vehicle on private property all day.
That was not the response of the justices. They made a clear statement that the automobile exception does not apply on curtilage and warrantless search on curtilage does not apply. If there had been no tarp and he ran the VIN he would still be performing a search. If it was private property that didn't fall under curtilage but open fields then they should be good. Plain view is when you see something in a place you have a right to be. You may observe the plainview from the street but the location it's sitting is curtilage which is not a place you have the right to be. The same if you saw a marijuana plant in the living room window. You cannot go kick in the door without a search warrant and take it.
Your definition of "grab & go" sounds problematic to me. Not to mention, an order to check chil welfare is neither an arrest warrant or a search warrant. There is no way to know or even reasonably suspect a car in a garage is stolen unless it's your own personal car A car in a garage isn't plain view. Just wait till car moves and do one of your standard pretextual stops or just follow and run the plate when it's actually in plain view, on the street.