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Suing Police After They Seized My Car and Left Me Stuck With Towing Bill

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kelbro

Junior Member
What is the name of your state (only U.S. law)? Michigan
Last week the police came to my house and insisted that they had seen my car speeding a couple of miles away but were unable to catch it. They asked me who was driving it, and I told them that I didn't think anyone was since I just woke up when the dog barked. He started looking around for my son, so I told him that my son wasn't home and was at an appointment in town. He continued looking around and asked what my son was driving. I told him exactly where my son was as well as what he was driving. I told him that there are several other vehicles that look almost identical to mine further down the road. I see them pass all the time. He told me that if someone didn't come forward and admit to driving my car he was going to tow my car. I told him that I guess he could write me a ticket if he wanted because it would be cheaper than losing my car over something that I know nothing about. He said he couldn't write me a ticket because he knew I wasn't driving, but he called the wrecker and had my car taken away.

I am disabled, and can barely walk, and my car barely runs, and certainly couldn't outrun a police car. I wrote a letter to the prosecuting attorney asking to have my car released. I explained that I am disabled and need it for medical appointments and since the officer admitted that he knew I hadn't outrun him they should release my car.

My car was released this week, but I was stuck with a $75 towing bill because he had it towed. I'm glad to get my car back, but am thinking that I should be able to sue the police department for the tow bill. It was bad enough being without my car for a week but having to pay the tow bill because they took my car for no good reason is just ridiculous.

First, I would like to know if the police entering my private property and taking this car without a warrant is not a violation of the 4th amendment with regards to illegal seizure? Secondly, I would like to know how to go about suing them, and if it might be possible to win without hiring a lawyer because I really can't afford one. I would like to win just on principle, but can't afford to spend a fortune for a lawyer to do it.
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The link provided by the member below refers to an incident from two years ago and has absolutely nothing to do with this incident, other than being one of the officers involved at that time. I found out on the previous incident that my son had taken my truck while I was not home, but this time he did not. He was at an appointment with plenty of witnesses (including government employees) as to his whereabouts. My son may not be an angel, but just because he got in trouble for something a couple of years ago does not mean that he is guilty every time they are looking for someone to pin something on.

Furthermore, my question asks for advice on the possibility of suing the police for removing my car from my private property without a warrant and without good cause, and having them pay the towing bill.
 
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CdwJava

Senior Member
Since it seems - based on your other thread - that your son borrowed the car without your knowledge, the police may have been right about seizing it as evidence. If all you are out is $75, then you can certainly make a claim to the police department and when the deny the claim, you can sue them in small claims court.

If there are other issues you feel you can sue for such as an unlawful search or seizure, you will have to consult an attorney and be prepared to potentially pony up thousands of dollars to get that one out of the gate.

You might also consider suing your son for doing this to you.

It depends on what you want out of all of this.
 

kelbro

Junior Member
Since it seems - based on your other thread - that your son borrowed the car without your knowledge, the police may have been right about seizing it as evidence. If all you are out is $75, then you can certainly make a claim to the police department and when the deny the claim, you can sue them in small claims court.

If there are other issues you feel you can sue for such as an unlawful search or seizure, you will have to consult an attorney and be prepared to potentially pony up thousands of dollars to get that one out of the gate.

You might also consider suing your son for doing this to you.

It depends on what you want out of all of this.
The other thread has absolutely nothing to do with this one. This is not the same case nor the same vehicle, the other thread is about an incident that happened almost 2 years ago. The police wrongfully assumed that he did something, even though he was at an appointment with lots of witnesses. I told them where he was and what he was driving. He was nowhere near there at the time. Just because he made a mistake 2 years ago does not make him guilty of everything that goes on in this area! They could easily check on his whereabouts because he was at an office speaking with a government employee at the time, and was seen by several people.

As far as suing my son, why would I sue him for something he knew nothing about because he wasn't there!!!
 

kelbro

Junior Member
If you actually read any of this you would realize that you are just like the police officer who tried to railroad my son for something he had nothing to do with. The other thread refers to an incident from almost 2 years ago, and has nothing to do with this one. He paid the price for his actions, and should be allowed to start his life over with a clean slate rather than being accused of everything that happens in our town.

The vehicle from the other thread has gone to the junk yard about a year and a half ago. My son has paid all fines and served any time he was given. He should no longer have to pay for his mistake because of people who assume that once you make a mistake you are automatically guilty of anything else they can pin on you.

There are several vehicles that look just like mine in the area, and mine was parked right where I had left it the night before. I told them exactly where my son was and what he was driving. If they had doubts, they could have easily checked because he was talking with a government employee. One quick phone call or an officer stopping by could have quickly and easily proved my son's innocence, but there are always those who will put the blame on someone just because they did something wrong in the past.

Thanks to your narrow mindedness, I will probably never get an answer to my question because you have already acted as prosecutor, judge and jury and decided that an innocent man is guilty without even caring about the facts. I bet you are glad that you are such a perfect person who has never made a mistake...
 

CdwJava

Senior Member
Your only real option is to sue the police department in Small Claims court for the $75. Make a claim for the amount, and then when they refuse, file the matter in Small Claims Court. It appears that it may cost you $25 more to file this claim, but, if you prevail I believe you can get that amount back.

If you think that this is somehow an illegal search and seizure matter, consult some attorneys and see if any of them get excited about it. If they agree to take the matter on contingency (i.e. they won't charge you a penny unless they win), then maybe you might collect. If they want money up front, the matter is either to speculative or not worth enough money for them.
 

Mt_Vernon

Member
I told them exactly where my son was and what he was driving. If they had doubts, they could have easily checked because he was talking with a government employee. One quick phone call or an officer stopping by could have quickly and easily proved my son's innocence, but there are always those who will put the blame on someone just because they did something wrong in the past.



Often, the police will not listen when you try to prove to them that someone is innocent. The police need to arrest someone, and they need probable cause to make that arrest. If the police listen to your evidence, then there goes their probable cause.

I've heard many stories about police not listening to evidence of innocence.
 

kelbro

Junior Member
They obviously had no evidence but impounded my car anyway. After contacting the prosecuting attorney, they had to release my car, but I was still stuck with the towing bill.
 

kelbro

Junior Member
Your only real option is to sue the police department in Small Claims court for the $75. Make a claim for the amount, and then when they refuse, file the matter in Small Claims Court. It appears that it may cost you $25 more to file this claim, but, if you prevail I believe you can get that amount back.

If you think that this is somehow an illegal search and seizure matter, consult some attorneys and see if any of them get excited about it. If they agree to take the matter on contingency (i.e. they won't charge you a penny unless they win), then maybe you might collect. If they want money up front, the matter is either to speculative or not worth enough money for them.
Thank you very much for a straightforward answer to my question. I don't know for sure but I would think that it would be illegal for them to take my car with no evidence of any type of wrongdoing. Can you tell me how to go about filing a claim with the police department?
 

CdwJava

Senior Member
Thank you very much for a straightforward answer to my question. I don't know for sure but I would think that it would be illegal for them to take my car with no evidence of any type of wrongdoing. Can you tell me how to go about filing a claim with the police department?
I cannot say what the reason for the impound was, nor am I familiar with tow authorities for your state, so I cannot speculate as to why or what might be needed. In general, they would need something to show that the vehicle was involved in some form of unlawful activity, and whether they had that or not, I cannot say.

The specifics might vary. You might want to search for this information on a local court website or Google the terms for your state. There is likely some tort law that covers what form a "claim" must take and who it must be served upon.
 

kelbro

Junior Member
I cannot say what the reason for the impound was, nor am I familiar with tow authorities for your state, so I cannot speculate as to why or what might be needed. In general, they would need something to show that the vehicle was involved in some form of unlawful activity, and whether they had that or not, I cannot say.

The specifics might vary. You might want to search for this information on a local court website or Google the terms for your state. There is likely some tort law that covers what form a "claim" must take and who it must be served upon.
They said that they saw my car speeding a few miles from there but couldn't catch it. They said that if someone didn't come forward and admit to driving it that they would take my car. I told them that I would rather have a ticket then have them take my car. They said they knew I wasn't driving, and kept looking around and asking about my son. I told them where he was and what he was driving. Since they couldn't give him the ticket and wouldn't give it to me, they towed my car.
 

CdwJava

Senior Member
They said that they saw my car speeding a few miles from there but couldn't catch it. They said that if someone didn't come forward and admit to driving it that they would take my car. I told them that I would rather have a ticket then have them take my car. They said they knew I wasn't driving, and kept looking around and asking about my son. I told them where he was and what he was driving. Since they couldn't give him the ticket and wouldn't give it to me, they towed my car.
If they had cause to believe the car was an instrument in a crime, I suspect that would be sufficient to impound it while they searched it for evidence of the driver (items, prints, DNA if it gets that far, etc.).

$75 is amazingly cheap! Had this been out here, you'd be looking at well over $300 if you went and got it immediately after the tow!
 

kelbro

Junior Member
They told me they wouldn't release it until someone came forward, but I wrote to the prosecutor and she made them release it to me right away. I only had to pay the towing bill. Otherwise I'm sure it would have added up to a lot more.
 

quincy

Senior Member
If you actually read any of this you would realize that you are just like the police officer who tried to railroad my son for something he had nothing to do with. The other thread refers to an incident from almost 2 years ago, and has nothing to do with this one. He paid the price for his actions, and should be allowed to start his life over with a clean slate rather than being accused of everything that happens in our town.

The vehicle from the other thread has gone to the junk yard about a year and a half ago. My son has paid all fines and served any time he was given. He should no longer have to pay for his mistake because of people who assume that once you make a mistake you are automatically guilty of anything else they can pin on you.

There are several vehicles that look just like mine in the area, and mine was parked right where I had left it the night before. I told them exactly where my son was and what he was driving. If they had doubts, they could have easily checked because he was talking with a government employee. One quick phone call or an officer stopping by could have quickly and easily proved my son's innocence, but there are always those who will put the blame on someone just because they did something wrong in the past.

Thanks to your narrow mindedness, I will probably never get an answer to my question because you have already acted as prosecutor, judge and jury and decided that an innocent man is guilty without even caring about the facts. I bet you are glad that you are such a perfect person who has never made a mistake...
Oh, for goodness sake, kelbro. I provided a link to your other thread.

I did not tow your car or make any comment about your son or your situation. I am not, nor should I be, the target of your anger.

Although I am from Michigan and know the laws and could probably provide some help, I don't appreciate you calling me narrow-minded and I do not appreciate your attitude.

Good luck to you and your son.
 
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