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Car STOLEN, recovered - but used for drug smuggling

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PayrollHRGuy

Senior Member
If the fabric of the car was contaminated enough to actually hurt your children the drug dogs would go crazy.

You are free to spend the cash to find expert witnesses that will state that your car is now unsafe for children and sue your insurance company.
 


Ohiogal

Queen Bee
CALIFORNIA

Okay - I cannot find anything related to our situation, so hopefully someone can help! Here's a quick synopsis of the situation.

1. Our 2018 Honda Odyssey (still so new!) was stolen while we were on vacation in San Diego. That means we were stranded with no car seats, no stroller, and most of our belongings gone - and with 4 small children.

2. Two days later, our van turned up. Front and rear bumpers had been removed and put back on, license plates switched out with the ones you see on a new car from the dealership, and random vandalization inside the vehicle (they CUT our car seats out with a machete...that was found in the third row). All the evidence together - per police - is a clear indication that our vehicle was used to smuggle drugs.

3. The next big thing was noticed is that the vehicle has an awful odor. It has a sweet smell (per my friend who lives down there and is helping me, and according to the mechanic our insurance sent the van to). Apparently, per the police, this is most likely evidence of the use of meth in our van.

So my questions are: is this enough for our car to be considered a total loss? What is reasonable for an insurance company to do? To me, ANY chance of there having been drugs in my car makes it unsafe to put my children in. Also, does my car being used for illegal activity have any weight in our case?
IS there drug residue in the vehicle? If not then, no. You can have your car replaced to the actual condition prior to being stolen.
 

Ohiogal

Queen Bee
Problem with this is, it's so new we owe more than its worth. We have GAP insurance but that doesn't help us if they don't total the car. And I don't want to manipulate things - I really feel like it can't be safe to have a family in a vehicle where meth was used and drugs were smuggled. Who knows what else happened in there.
That is your opinion and legally means nothing. You are going to love when your kids become teenagers.
 

Ohiogal

Queen Bee
So the interesting thing with meth is, it doesn't have to be IN the car for it to be a danger to our health. If it was used in our car, the contamination can only be removed by literally stripping the vehicle to its frame and replacing every seat, carpet, air vent, piece of leather, etc. Police have already submitted statements regarding this on our behalf. So I don't know if police dogs can indicate whether meth was used but is not physically present?
If meth is an issue, a drug dog would go crazy. You are being paranoid. You get to pay for that paranoia.
 

Zigner

Senior Member, Non-Attorney
After doing a bit of poking around on the web, I can see where the OP is coming from. If there is meth residue (easily tested for), then remediation can mean tearing everything out of the car down to the frame, cleaning it, then installing uncontaminated (cleaned or new) things like headliners, seats, etc. Furthermore, the entire ventilation system may need to be thoroughly cleaned.
 
After doing a bit of poking around on the web, I can see where the OP is coming from. If there is meth residue (easily tested for), then remediation can mean tearing everything out of the car down to the frame, cleaning it, then installing uncontaminated (cleaned or new) things like headliners, seats, etc. Furthermore, the entire ventilation system may need to be thoroughly cleaned.
Thanks Zinger - I'm definitely not being paranoid. This is the appropriate research that should be done when something like drugs is a concern with a stolen and recovered vehicle. Especially since my kids are so young - ages 1, 3, 4, and 9.

And it looks like my suspicions about the vehicle not being driveable are also correct - we just called the insurance mechanic who they brought the van to, and he said its currently sealed and parked away and no one is allowed to go in it. Fingers crossed, it looks like this car is getting totaled. I'll keep this thread updated as we find out more.
 
If meth is an issue, a drug dog would go crazy. You are being paranoid. You get to pay for that paranoia.
Not being paranoid, but thanks for the help! I don't know how anything drug related works since I've never done them, so its good to know that a drug dog could even point out an area where meth has been used!
 

xylene

Senior Member
Before you take it back ask the PD to come out with a drug dog to sniff around
Where do you live? Pleasantville?

The busiest cop in the area has time to do favors for free?

That's BALONEY. No pd has the resources you imagine.

And if they did, they would still be STUPID. STOOOOOOOOOOOOOOPID to use their scarce resources to verify anything in a civil dispute between some guy and his insurance company.

Serious, what evidentiary value would it even have?

And like the The K9 cop would EVER want to put himself in position of getting subpoenaed in a stupid civil insurance case.

And what if the insurers expert found the dog wrong? Yeah, cops LOVE when dumb stuff gets their drug ID expertise questioned... Actually they DON'T like that AT ALL.
 

xylene

Senior Member
How would you even ASK for this imaginary service?

OP to Dispatch: "I'd like the K9 to sniff my car to make sure there is no meth in it."

Dispatch: "Sir are you on meth?

OP: "No, its just... [long winded civil case] etc.

Dispatch: "hahahahahahah.. um, yeah." **CLICK**
 

justalayman

Senior Member
How would you even ASK for this imaginary service?

OP to Dispatch: "I'd like the K9 to sniff my car to make sure there is no meth in it."

Dispatch: "Sir are you on meth?

OP: "No, its just... [long winded civil case] etc.

Dispatch: "hahahahahahah.. um, yeah." **CLICK**
I disagree with your view of the possibility of the police assisting here. In my area, which is a very small town, I believe it would be possible to have them do a dog walk around. It would engender good public relations between the police and the public. Heck, I see any of the several K-9 units at various businesses And could probably approach them and have them do it with no prior contact. I would suspect the police might wish to do a more in depth search if the dog does trigger though. Due to that, it would likely be best to set up a preplanned contact.



To the op:

Due to the issues involved with meth, I would suggest you find some way to check to ensure the vehicle doesn’t contain any harmful residue of meth or chemicals used to manufacture meth. If residue is found, that in itself could result in the cost to “repair” the vehicle greatly, possibly to the point of it being totaled. While the visible damage is minimal, I wouldn’t ignore the possibility of the unseen damage that could be present.
 

xylene

Senior Member
I disagree with your view of the possibility of the police assisting here. In my area, which is a very small town, I believe it would be possible to have them do a dog walk around. It would engender good public relations between the police and the public. Heck, I see any of the several K-9 units at various businesses And could probably approach them and have them do it with no prior contact. I would suspect the police might wish to do a more in depth search if the dog does trigger though. Due to that, it would likely be best to set up a preplanned contact.
Please note I never suggested it would be impossible to have a drug dog casually check the vehicle. But I stand by what I said, whateve the town size, that the police would not involve themselves in the OPs dispute or allow the dogs alert to be evidence in his claim or case.

Does a dog 'hit' establish anything is wrong or dangerous in the vehicle?

Does the dog 'hit' even establish it is meth? Is there a dog code?
Claw at cocaine, Bark 3 times for meth, pant hard for PCP, and slobber for sensimilla?

Dog or wipe test, does detectable meth residue mean anything? Don't work like "Oh drug residue, here's your full value claim"
 

justalayman

Senior Member
Please note I never suggested it would be impossible to have a drug dog casually check the vehicle. But I stand by what I said, whateve the town size, that the police would not involve themselves in the OPs dispute or allow the dogs alert to be evidence in his claim or case.

Does a dog 'hit' establish anything is wrong or dangerous in the vehicle?

Does the dog 'hit' even establish it is meth? Is there a dog code?
Claw at cocaine, Bark 3 times for meth, pant hard for PCP, and slobber for sensimilla?

Dog or wipe test, does detectable meth residue mean anything? Don't work like "Oh drug residue, here's your full value claim"
I was disagreeing with your statement that a cop shop would simply refuse to do a dog walk around. I believe they would agree to it in my area.


As to detectable amounts of drugs: a dog sniff would be the beginning. If drug residue was present, the op could go further and start some testing.

Due to the danger involved with meth and chemicals associated with meth, I am simply trying to guide the op in a direction to keep the occupants of the car safe. If meth is present, it would allow the op to include the cost to remediate the drug in the amount of damages associated with the theft of the vehicle.
 

quincy

Senior Member
I would think that the police already have gathered evidence of drug use in the car, to help support any drug smuggling charges.

In fact, I am sort of surprised the car was released by the police back to motherofdragons.
 

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