procedure

[tech75]

What is the name of your state (only U.S. law)? Rochester, NY

my boyfriend was driving a rental car (I rented) he was pulled over for running a stop sign. Upon telling the officer he had a suspended license they arrested him. And had the car impounded. Did they have the right to search the car? Shouldn't they have called me to come and pick up the car seeing as I'm the one who it was rented to, or at the least call the rental agency? Please help

 

[Zigner]

What is the name of your state (only U.S. law)? Rochester, NY

my boyfriend was driving a rental car (I rented) he was pulled over for running a stop sign. Upon telling the officer he had a suspended license they arrested him. And had the car impounded. Did they have the right to search the car? Shouldn't they have called me to come and pick up the car seeing as I'm the one who it was rented to, or at the least call the rental agency? Please help

Search incident to the impounding. What did they find?

 

[tech75]

follow-up to procedure

they found forged instruments

 

[Zigner]

they found forged instruments

Are you saying you wanted to prevent the police from figuring out the OTHER illegal activities that your boyfriend was involved in?

I am curious...was your boyfriend authorized to drive the vehicle?

 

[tech75]

I told him he could drive it (dropping off a friend), I'm trying to figure out if his 4th amendment was violated. he was not arrested for criminal poss. he was orginally arrested for not having a license. He was already in the back of the police car when they searched the car.

 

[Zigner]

I told him he could drive it (dropping off a friend), I'm trying to figure out if his 4th amendment was violated. he was not arrested for criminal poss. he was orginally arrested for not having a license. He was already in the back of the police car when they searched the car.

No - they were not. The man was driving on a suspended license, got arrested and got the vehicle impounded. The search was incident to the arrest & impound.

My question about his status as a driver was meant merely to find out if you violated your contract with the rental agency...

 

[tech75]

the search was done prior to the impounding. yes i know they would've found it during the inventory search after the impounding. And from my understanding there was no legal reason to search the car because he was not being arrested for anything but the driving on the suspended license. The police did not have to worry he was trying to hide/discard evidence, he was already in the backseat of the police car.

 

[Country Living]

You're not answering Zigner's question. Was your boyfriend listed on the rental agreement as an authorized driver?

 

[tech75]

no he was not

 

[CdwJava]

I told him he could drive it (dropping off a friend), I'm trying to figure out if his 4th amendment was violated. he was not arrested for criminal poss. he was orginally arrested for not having a license. He was already in the back of the police car when they searched the car.

The vehicle was towed incident to the arrest and/or because it was operated by a driver with a suspended license. They are under no legal obligation to contact the lessee and have them (you) come to retrieve it. When a car is to be impounded, it is subject to an inventory (search) of all areas of the car.

However, keep in mind that your boyfriend's attorney may decide to point the finger of blame for these "forged instruments" at YOU since it was your car and not his. So, if they were not found in his immediate possession, an argument could be made that YOU were the culprit.

- Carl

 

[CdwJava]

the search was done prior to the impounding. yes i know they would've found it during the inventory search after the impounding.

But they have to conduct the inventory PRIOR to turning it over for impound. Once it is released to the tow company they would likely need a search warrant to get back into it.

And from my understanding there was no legal reason to search the car because he was not being arrested for anything but the driving on the suspended license.

That is also a legal justification for the search ... in addition to the impound inventory.

- Carl

 

[41tellthetruth]

Did you know your boyfriends license was suspended prior to giving him permission to drive the car? If so you could have opened yourself up to further charges.