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Drugs found in repossessed car

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mat112

Junior Member
What is the name of your state? PA

My friend recently had his car repossessed. He did not have any warning and called the company to inquire about his personal belongings. The repo guy informed him that they turned in certain paraphenalia and drug "stuff" to the police. My friend had no knowledge that any "paraphenalia" or drugs were in the car- its possible they belonged to friends of his son, since his son had borrowed the car the night before, but he just really doesn't know. Can he get arrested or searched for illegal substances found in his car after it was repossessed? If so, how long before the police will do that? He has yet to pick up the things from his car but wanted to go this week.

Thanks
 


FlyingRon

Senior Member
Sounds like he doesn't need to be further searched. The drugs/paraphenalia are already in the hands of the police. It's quite possible he will be arrested. If arrested, he will most likely be searched. It would behoove him not to carry any more contraband while getting this resolved.
 

outonbail

Senior Member
Something sounds fishy here.

First of all, unless there was a considerable amount of dope in the car, I can't really see any repo company or tow company calling the police. Also, if it was only "paraphenalia and drug "stuff"" I can't see them going through the trouble of involving the police. Depending on what exactly "drug Stuff" is.
There's a couple of reasons I say this. To begin with, once the vehicle's been repo'd and then brought to a storage yard, it has been out of the owners control and there's no telling how many other people could have had access to the vehicle, by the time the police would have been called into the picture.
Remember, it was not the police who had this vehicle towed, it was the finance company who contracted with a repo company.
So I can't see any DA filing charges in this case since it would be difficult to prove that the drug stuff which the repo company "claims" to have found in the car, was the owner's property. Unless it was discovered in some locked strong box that had the owners name, identification and fingerprints packaged with it and the police were called to break it open, how do you go about proving it was the owners?
I don't believe the repo driver and managers feel like sitting in a court room all day to testify when, where and how they discovered this stuff.
I'm not sure when and even if the repo company is allowed to search through the vehicle. I know that when we receive vehicles to store for the police, there is an inventory sheet the officer has our driver sign. We do not go into any vehicle until it becomes our's through the lien sale process.
Repo company's don't own the vehicle, the finance company does and I don't know how it works in that situation, or how much time the owner has to pay the amount they are in arrears for, in order to reclaim their car.
But I can't believe the repo company is allowed to search through the cars they pick up whenever the want.
How long has this repo company had your "friends" vehicle in their possession?
 

mat112

Junior Member
thanks

Hi

Thanks for getting back to me. It has been with them since last Friday- he called the next day and was told this. I know they have to take an inventory of what was in the car, but they told him that they found stuff in a gym bag- not sure if they have a right to open bags? Anyway, he is still trying to get his stuff back. He did talk to a PI and was told they can't prove it was his, also unless the repo company went through this with gloves, how can they get fingerprints anyway- my friend does not have any prior arrests or anything.
 

outonbail

Senior Member
I didn't know that vehicle repossession companies inventoried the contents of vehicles they snatch up in the blink of an eye. I'm not sure why it would be required and if it's not, why they would bother.
The police take an inventory of the vehicles they impound because they're releasing the vehicle to one of the dozen or so towing companies, who are under contract with the city to provide towing and storage services.

The inventory sheet is relied upon to settle any disputes that arise when the vehicle's owner pays all the fees and jumps through all the hoops for it's release. Then, if upon receiving his vehicle, he claims that the new color TV he had in the trunk is missing, it can be verified. If the officer did include a TV on the inventory, the tow company is responsible for it's replacement. It doesn't become a case of what the vehicle owner claims verses that of the tow company. The towing company is responsible for the vehicle and all of the contents listed. If the TV is not listed, then his only option is to take it up with the police department and question the officer who was on scene and authorized the impounding.

However, when a repo is contracted to retrieve a vehicle for the finance company, the police don't get involved. So who would the repo company be conducting an inventory for?

If a vehicle owner pays the finance Co. up to date, including repo/storage fees and jumps through all of their hoops for the return of the vehicle and then claims the new color TV is missing, the repo company can't produce an inventory sheet, which they themselves created, as proof that there was no TV in the trunk. It wouldn't protect them from being liable for the TV. As far as the finance company goes, they're only concern and legal interest, is the vehicle. So unless the repo is taking an inventory for their own nosy in house reason, I don't see the point.

Maybe I'm missing something, so what I'll do when I get a chance, is visit the repo company which happens to be a neighbor of ours and ask them what their policy is.

But I suggest that if your "friend" is questioned by the repo company about any illegal contraband they claim to have found in his vehicle, he should just ignore them and demand his property Tell them to keep whatever it was that found it's way into his vehicle after it was out of his possession.

I suggest you also advise him, that if he stops buying/using drugs, he'd have the money to make his car payments on time and avoid this whole inconvenient fiasco from repeating itself.
 

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