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Can They Seize A Car


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#1 DizzzyDay

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Posted 04 February 2013 - 11:19 AM

I have a friend that was pulled over for speeding she was given her ticket n told she was free to go. before she got bk in her vehicle the officer asked if he could ask her a couple of questions and she said ok. he then began asking her questions if she had illegal narcotics such as heroin or cocaine then asked if she might have a dead body in her trunk.my friend laughed and told him no. he then asked if he could search her car. she told him no because she was on her way to a birthday party and she was already late. he then told her he was towing her car to get a search warrant. he left her and her passenger walking on the highway. they searched her vehicle but she was not present nor did she see a search warrant. is this legal???

#2 FindLaw_Amir

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Posted 04 February 2013 - 11:41 AM

Did your friend get cited for anything else other than a speeding ticket? Also, if your friend has not done so already, she may want to consult with a local Criminal Defense Lawyer to advise her of her rights. To learn more about this subject matter, visit the Criminal Law Center and read Criminal Rights as a good resource.
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#3 pg1067

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Posted 04 February 2013 - 01:20 PM

No way to know based on the information provided. It all depends on what the officer knew or reasonably believed at the time of the search/seizure.

#4 DizzzyDay

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Posted 04 February 2013 - 01:34 PM

no she was not cited for anything else

#5 DiverBoone

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Posted 02 March 2013 - 04:38 PM

Depends upon the grounds the officer detained the vehicle and the reasons that brought the officers tier of suspicion to this level. But your "friend" whether that be you or not, is not telling the whole story. Either way so said birthday party must have been more important than seized vehicle, or they would have stayed around to ascertain the reason for the detention and a receipt for the seized property.

#6 BOR_BOR

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Posted 04 March 2013 - 07:43 AM

. he then told her he was towing her car to get a search warrant. he left her and her passenger walking on the highway. they searched her vehicle but she was not present nor did she see a search warrant. is this legal???


Police can say they will tow a vehicle in to obtain a SW, but without a legal reason, they can not do it just to obtain a SW, it does not work that way.

A LEGAL reason needs to exist to tow it in the 1st place.

As far as stranding you, I have no idea whether that is the basis for a lawsuit, an attorney needs to be consulted.




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