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is this legal to seize& impound to car to exchange for info?

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Arikastarr

Junior Member
What is the name of your state? California
My daughters car was towed from our home in Cypress by Long Beach Police Dept in Feb 07.
We were never contacted by them and had to make many calls before being told that they had taken it as evidence in a 2005 Burglary. They had a video of 2 men taking items from a store and leaving in my daughters car. The detective stated that my daughter had not taken part in this crime, but was a passenger and the vehicle was registered to her so they wanted her to tell them the names of the 2 men. Once again he told her that she was not a suspect , therefore there were no charges against her. She did not want to give up the names so the detective told her that if she wanted her car back,she would have to pay the store $450 restitution. My daughter verbally agreed , though she had no money at the time. I wouldn't pay it as I thought it was wrong . My daughter ended up in jail a month later for an unrelated charge .I called the detective the next month to find out what was being done with the car as I was making the monthly payments to the finance co. i was told that it was still being held and until the 2 men were identified, the car would not be released. Its been 16months and I received a notice of release & Lien Sale stating $5400 was to be paid to get it. Is this legal? #1, my daughter wasn't charged in the crime, #2 the case never filed. Why did they take her car, and keep it impounded for 16 months ? We didn't get a search warrant and the police never approached us before taking the car. What ca I do to get the car back before its sold?
 


garrula lingua

Senior Member
The car was used to commit a crime.

They could initiate forfeiture proceedings; they could hold it as evidence.
Sounds as though they just impounded and no one picked it up.
Was her address correct on the registration and on her driver's license ?
Many times, notification to pick up the vehicle is sent to the address on file.


You should be concerned about your daughter's apparent bad choices. Her loss of her car and her credit are less important than her lack of morals.
 

outonbail

Senior Member
The bill you have received for the storage, towing and lien charges, is most likely being generated by the towing company who the police called to pick up the vehicle when they impounded it.
If you are just now getting a notice of the lien being filed, then I would imagine that the police have released their hold on the vehicle.

The only way the tow company is going to release the vehicle, is if they are paid for their towing and storage services. If you want the car, you will have to pay their bill.

If you feel the police were wrong for impounding the car, or for holding it for the length of time they did, when it belonged to someone who they admittedly knew wasn't a party to the crime, then you would have to file a civil suit against the city police department and try to win a judgment against them for the money you paid to get the car back.

However, if your daughter admitted that she knew these individuals who the police were after but didn't want to tell on them, then she can probably be considered a legal accessory to the crime. She provided the transportation so the crime could be carried out and maybe she was compensated for doing so. Which means she shared in the proceeds and received some benefit from the crime. This would make her just as guilty as the other parties involved.
 

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