RobbedBySO
Junior Member
Can Deputies impound just for convenience of searching?
What is the name of your state? Oklahoma
This is in conjunction with https://forum.freeadvice.com/showthread.php?t=286677
Can Deputies (legally) remove storage trailers from property; simply to make searching them more convenient for them? The search warrant authorized their SEARCH; but, they were NOT listed for seizure. They were just ready to go home; so, they called in a (VERY EXPENSIVE) wrecker and had them hauled to a private wrecker company's yard. (Which they're now telling me that I'M the one who's stuck with an almost $8,000 bill for their having done this, to keep from losing my property! Not only do I not have that kind of money, I don't even know anyone with that kind of money!!!) Aside from the fact that all charges were declined by the DA's office, after it became apparent that the allegations were false; they had already taken me off to jail, these were semi-trailers (not a simple matter of removing them); and, "securing the scene" could have just as easily have been accomplished by slapping on wheel locks and padlocks. They were sitting on private property, in a rural area, NOT even near any roadway; so, no argument could be made that they were "securing them for me."
Are counties protected by some sort of screwy "immunity" for travesties such as this? I was told by the A.D.A that a Deputy had called him for "legal advice" about what to do; since, they wanted to head home and finish searching the trailers later; and, that he had given them the okay to "bring them with you." (I'm not sure whether or not he understood that they were SEMI-trailers...) If I have recourse against the county, would it be against the S.O., the D.A's office, or both/combined action?
What is the name of your state? Oklahoma
This is in conjunction with https://forum.freeadvice.com/showthread.php?t=286677
Can Deputies (legally) remove storage trailers from property; simply to make searching them more convenient for them? The search warrant authorized their SEARCH; but, they were NOT listed for seizure. They were just ready to go home; so, they called in a (VERY EXPENSIVE) wrecker and had them hauled to a private wrecker company's yard. (Which they're now telling me that I'M the one who's stuck with an almost $8,000 bill for their having done this, to keep from losing my property! Not only do I not have that kind of money, I don't even know anyone with that kind of money!!!) Aside from the fact that all charges were declined by the DA's office, after it became apparent that the allegations were false; they had already taken me off to jail, these were semi-trailers (not a simple matter of removing them); and, "securing the scene" could have just as easily have been accomplished by slapping on wheel locks and padlocks. They were sitting on private property, in a rural area, NOT even near any roadway; so, no argument could be made that they were "securing them for me."
Are counties protected by some sort of screwy "immunity" for travesties such as this? I was told by the A.D.A that a Deputy had called him for "legal advice" about what to do; since, they wanted to head home and finish searching the trailers later; and, that he had given them the okay to "bring them with you." (I'm not sure whether or not he understood that they were SEMI-trailers...) If I have recourse against the county, would it be against the S.O., the D.A's office, or both/combined action?
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