Search and Seizure of car due to exp tags.

What is the name of your state? colorado

My friend was recently pulled due to expired tags. They explained to him that they were going to have to sieze the car because the tags were expired. To sieze the car they were also going to have to search the car.

During the course of the search they uncovered illegal drugs. Is the search and seizure leagl? Will my friend have to face these drug charges?

What was the statute number you were charged under?

seniorjudge said:

What was the statute number you were charged under?

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possesion with intent to distribute

still facing my second arraingment.

fedex123 said:

possesion with intent to distribute

still facing my second arraingment.

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What was the statute number you were charged under?

Also, what statute numbers did the forfeiture papers have?

seniorjudge said:

What was the statute number you were charged under?

Also, what statute numbers did the forfeiture papers have?

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My friend did not give me anything to look at. He tells me that the information keeps being taken off the citys website and then reposted again. I can not tell you the statue numbers.

fedex123 said:

What is the name of your state? colorado

My friend was recently pulled due to expired tags. They explained to him that they were going to have to sieze the car because the tags were expired. To sieze the car they were also going to have to search the car.

During the course of the search they uncovered illegal drugs. Is the search and seizure leagl? Will my friend have to face these drug charges?

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In California this would be legal and I would imagine the same goes for Colorado. Whenever the police tow a car they are required to do an inventory of it's contents and list them on a form the tow truck driver must sign before towing the vehicle to the impound yard.

So yes, your friend will be facing these charges due to his expired registration. Happens all the time. For some reason people can afford drugs but they can't seem to come up with the money to pay their vehicle registration fees.

Yep.

The USSC has ruled that an impound inventory of a vehicle pursuant to a written or unwritten policy is perfectly lawful, and that any evidence or contraband located as a result of the inventory can be used against you.

- Carl

It depends on where the search took place. I believe there is some case law in either California or the 9th circut (for you, you hope the 9th) where an inventory search need be part of a regular proceedure. Searching at the scene might be considered inappropriate. I'll see if I can find the case(s) and add an edit if I do.

To be lawful, the inventory must be carried out in accordance with the "standardized procedure" or "established routine" of a department or agency, i.e., some standard other than suspected criminal activity. (Bertine (1987) 479 U.S. 367, 376; Wells (1990) 495 U.S. 1, 4; Needham (2000) 79 Cal.App.4th 260, 266.)

In CA this means that an agency must have a "standardized procedure" authorizing inventories, but it does NOT mean that it must be reduced to writing. (Needham (2000) 79 Cal.App.4th 260, 266; Steeley (1989) 210 Cal.3d 887.)

- Carl

I agree with you Carl. What is the policy of your department as to the time of an inventory search?

(By the way, the case I was thinking of is not controlling as it was from Indiana.)

From www.fourthamendment.com:

Indiana reiterates that inventory searches are better conducted at the impound lot rather than at the scene. Widduck v. State, 2007 Ind. App. LEXIS 355 (February 28, 2007):

tranquility said:

I agree with you Carl. What is the policy of your department as to the time of an inventory search?

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Our policy does not spell out WHERE it must be conducted, but the practice is to do it in the field before it is signed over to the Tow Company. Since our tows are not owned by the city, we have to relinquish custody of the vehicle to the tow company. As a practical matter, we cannot follow the tow company to the yard, wait for them to unload it, and then conduct the inventory. Once they have it, they are responsible for it, and one can argue that a warrant might be necessary for further entry.

The key portion of our policy is stated here:

All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Officers conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to ensure against claims of lost, stolen or damaged property, and to provide for the safety of officers.

- Carl

For some reason people can afford drugs but they can't seem to come up with the money to pay their vehicle registration fees.

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So True! LMAO!