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kita

Borrowed Car Seizure

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My boyfriend was driving my car and was arrested for a DWI in Clay County, MN. The police searched the car and found a large amount of pot in the trunk. I wasn't with him, and didn't give consent for a search. They seized my car and are serving me with papers about it tomorrow.

I didn't know he would be an idiot with my vehicle or I wouldn't have let him borrow it. I got the vehicle a month ago, haven't even made a payment on it yet and it has a loan and lien on it.

What are the chances that I will be able to get my car back? What will happen if I don't get it back?

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The cops didn't need your consent to search.  Your b/f was in possession and his arrest was enough to allow the cops to do an inventory of the contents of the vehicle before having it towed.   You'd need to consult local counsel on the procedure for getting the car out of impound.  If you don't the lienholder may claim it but you will still owe on the vehicle....

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I wasn't with him, and didn't give consent for a search.

 

This obviously doesn't matter.  You gave him control of the car, and he used in the commission of a crime, so it was subject to impound and search.

 

 

 

I didn't know he would be an idiot with my vehicle. . . .

 

Which part was him being an idiot?  The driving while intoxicated or the carrying of "a large amount of pot"?  Or both?

 

 

 

What are the chances that I will be able to get my car back?

 

No way for anyone here to predict it, but the facts obviously don't look good.

 

 

 

What will happen if I don't get it back?

 

I'm sure lots of things will happen.  If your question is whether you'll still owe on the loan, the answer is yes.

 

Get an attorney ASAP.  Whichever of you fingers the other for the drugs may end up getting a better deal.

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