I tried not to tow the car if the suspect was cool about the arrest. Never wanted to make a tow company money if I could help it. I worked the same beat for most of my career. My reputation in the community was important to me.
Recent case in Nebraska. Inventory search. Police find meth. Officer states “I found my felony.” They charge the suspect and didn’t finish the inventory. Court pointed out that police failed to follow their own department’s inventory policy, before dismissing the case.
It's no wonder the public doesn't trust the police. Towing a vehicle because the owner is not present is NOT a valid caretaking reason. There is zero evidence that the owner would not want someone in the car to drive it. The third party could have easily drove it prior to the stop without issue. It is an excuse to tow, and "everyone" knows it. 🙄
I do feel there is a liability argument if the passenger is just a random drug associate. Family, fine.. But when the relationship seems built solely on the drug or criminal relationship, I would prefer to know it's in good hands and let the owner pick it up from the tow yard.
@davidalarid16 If it's been lawfully seized as part of the stop, I've now involved myself in the civil process of liability, even if its towed, which is why an inventory is done. It doesn't automatically get removed because of the verbal consent they give when theyre in handcuffs and would otherwise not give it. In the scenario I gave, Id likely tow it so custody and safety of the vehicle and everything in it is far more likely to result in a positive outcome than if the vehicle is handed over to a random associate just to avoid potential discovery of evidence. When the vehicle is ultimately reported stolen after the fact and has been used in several crimes and is later found abandoned near the border, I'd have wished I just towed it and gave the guy a piece of paper to pick it up. My stance is once its seized, (and it is seized) an officer should maintain discretion on how it gets released. I think discretion is important and that a sound decision shall be made with the owners opinion considered, but not as the sole deciding factor.
When the cops do this as a pretext without justification, have they committed Grand Theft Auto? Not that they'll ever be charged, but I believe they are guilty.
I tried not to tow the car if the suspect was cool about the arrest. Never wanted to make a tow company money if I could help it. I worked the same beat for most of my career. My reputation in the community was important to me.
Recent case in Nebraska. Inventory search. Police find meth. Officer states “I found my felony.” They charge the suspect and didn’t finish the inventory. Court pointed out that police failed to follow their own department’s inventory policy, before dismissing the case.
The policies are for them to follow you're not employed by them you didn't take the oath. Manifest Grand manifestations.
Well said. Inventory tows seem to be the most overturned type of vehicle searches in California.
It's no wonder the public doesn't trust the police. Towing a vehicle because the owner is not present is NOT a valid caretaking reason. There is zero evidence that the owner would not want someone in the car to drive it. The third party could have easily drove it prior to the stop without issue. It is an excuse to tow, and "everyone" knows it. 🙄
Had a bad cop tow my brother car only 2 blocks from my house or won't let them come get me to drive it here
Perhaps you don't understand the law.
I do feel there is a liability argument if the passenger is just a random drug associate. Family, fine.. But when the relationship seems built solely on the drug or criminal relationship, I would prefer to know it's in good hands and let the owner pick it up from the tow yard.
If it’s per the owners verbal request, I don’t think your argument holds water. All liability is on him.
@davidalarid16 If it's been lawfully seized as part of the stop, I've now involved myself in the civil process of liability, even if its towed, which is why an inventory is done. It doesn't automatically get removed because of the verbal consent they give when theyre in handcuffs and would otherwise not give it. In the scenario I gave, Id likely tow it so custody and safety of the vehicle and everything in it is far more likely to result in a positive outcome than if the vehicle is handed over to a random associate just to avoid potential discovery of evidence. When the vehicle is ultimately reported stolen after the fact and has been used in several crimes and is later found abandoned near the border, I'd have wished I just towed it and gave the guy a piece of paper to pick it up. My stance is once its seized, (and it is seized) an officer should maintain discretion on how it gets released. I think discretion is important and that a sound decision shall be made with the owners opinion considered, but not as the sole deciding factor.
When the cops do this as a pretext without justification, have they committed Grand Theft Auto? Not that they'll ever be charged, but I believe they are guilty.
Nobody asked you honestly.