nosearchallowed

[JonsMom]

California My 17 year old sons truck was towed and impounded by police, it is registered in my name. It doesn't have current registration, it has a non-op on it because it needs work done on it before it can pass smog regulations. Jon (my son) was driving his girlfriend home (yes, in the truck) and a police officer who was going in the opposite direction turned around and I guess he was going to pull him over. By the time the officer caught up with Jon he was already out of the truck and in his girlfriends house. The officer entered the vehicle (without permission) and searched the vehicle, getting jons wallet out of the glove box and going through the wallet. In the meantime while all this is taking place I get a phone call (I'm at home ) from the police department telling me that ("someone")found Jon's wallet and that he can come pick it up at the station, this was a total lie, his wallet was never at the station. The truck was towed for no registration but he didn't get a ticket from the officer. Is that legal ? can he search the vehicle without any permission? Since it is registered to me doesn't he need my permission?

 

[jonb]

This may be considered burglary of a vehicle. If they didnt pull him over... they just walk up to a truck and enter without permission or probable cause, take a wallet out... i would have the truck fingerprinted and arrest the officer if his prints were found. However, if pulled over he could search the truck without permission.

 

[cdkelley]

I live in California also & if your son was driving a car that is not up-to-date in registration the law has the right to tow it away(& in my county they can also hold it for 30 days)And it is illegal to drive any vehicle that's on a non-op.Therefore the law,again,has the right to tow the vehicle away.Once the vehicle is impounded the law has the right to search any vehicle.

 

[rmet4nzkx]

Have you thought about reporting your truck stolen? Then you can get you truck back and your son will face those charges. Was he driving the truck with your permission? Then you were aiding and abetting. You have some responsibility for this.

 

[JonsMom]

Have you thought about reporting your truck stolen? Then you can get you truck back and your son will face those charges. Was he driving the truck with your permission? Then you were aiding and abetting. You have some responsibility for this.

Dear rmet4nzkx, NO, I haven't thought about reporting it stolen!!! WHYwould I it's his truck DUH, he knew what risks he was taking, and besides he got the truck back the next day after paying the rediculous and outragous fines for towing. (I need to get a tow truck and start my own towing business, I could get RICH)

 

[AHA]

Dear rmet4nzkx, NO, I haven't thought about reporting it stolen!!! WHYwould I it's his truck DUH, he knew what risks he was taking, and besides he got the truck back the next day after paying the rediculous and outragous fines for towing. (I need to get a tow truck and start my own towing business, I could get RICH)

If the truck is in YOUR name, it's YOUR truck, not your son's.
And if you get current registration you wouldn't have to worry about getting pulled over all the time and will save a few bucks on towing. So simple, it's almost funny.

 

[calatty]

The legality of a search doesn't depend on who owns the car. The 4th amendment protects people, not things. The officer was legally justified in pulling him over for the registration violation. Because the car was not supposed to be on the road, the officer had to have it towed. Before they tow a car, they have a right to inventory the contents to protect against claims that they lost valuable property. The search was legal.

 

[seniorjudge]

The legality of a search doesn't depend on who owns the car. The 4th amendment protects people, not things. The officer was legally justified in pulling him over for the registration violation. Because the car was not supposed to be on the road, the officer had to have it towed. Before they tow a car, they have a right to inventory the contents to protect against claims that they lost valuable property. The search was legal.

I agree. This does not come under the restrictions placed on the government under the fourth.

There is no search because was an "illegal" vehicle parked on a public street. There was absolutely no expectation of privacy.

There was no seizure because, again, this vehicle was "illegal" and could be towed away.

 

[JonsMom]

If the truck is in YOUR name, it's YOUR truck, not your son's.
And if you get current registration you wouldn't have to worry about getting pulled over all the time and will save a few bucks on towing. So simple, it's almost funny.

If you would have read the whole thing first before mouthing off, it needs smog work done!!! See here in California they have that pollution law and your vehicles have to be smogged every other year, well it didn't pass the test and needs a few minor adjustments and or parts put on. Jon, (who is paying for it all by WORKING) has to wait till his next payday. Oh, and by the way, I failed to mention that the registration fee IS PAID but he cannot get the tags till the smog passes. So it is HIS TRUCK!!!!

 

[JonsMom]

I agree. This does not come under the restrictions placed on the government under the fourth.

There is no search because was an "illegal" vehicle parked on a public street. There was absolutely no expectation of privacy.

There was no seizure because, again, this vehicle was "illegal" and could be towed away.

Sorry, but it was on Private Property. BARK BARK

 

[BelizeBreeze]

And none of your excuses for sonnyboy merit any consideration.

1. he was driving an illegal vehicle.
2. the police identified the vehicle as being illegal. (non-operational)
3. the police took possession of the vehicle(towing)
4. incident to possession, the police conducted an inventory
5. the police notified the owner of the property where it could be returned.

Nothing whatsoever in this situation was illegal except for your allowing your son to drive a vehicle illegally (remember, you are the owner and if he had been in an accident YOU would have paid the fines and lawsuit) and your son for operations of an illegal vehicle.

Any way you try to spin this the two of you are the ONLY ones who are legally responsible in this situation.

 

[seniorjudge]

Sorry, but it was on Private Property. BARK BARK

You did not mention this in your first post, but it is irrelevant anyway.

The officer was in hot pursuit of the vehicle, one which you said was "no-op", which makes it illegal. The officer made an inventory search. Completely legal.

Five other people (besides me) gave you correct information. (jonb's info was not even close.)

So, yeah, I agree with you: you were barking at correct answers.

 

[harbor14]

This may be considered burglary of a vehicle. If they didnt pull him over... they just walk up to a truck and enter without permission or probable cause, take a wallet out... i would have the truck fingerprinted and arrest the officer if his prints were found. However, if pulled over he could search the truck without permission.

You cannot "burglary" a vehicle.

 

[CdwJava]

Jon (my son) was driving his girlfriend home (yes, in the truck) and a police officer who was going in the opposite direction turned around and I guess he was going to pull him over. By the time the officer caught up with Jon he was already out of the truck and in his girlfriends house. The officer entered the vehicle (without permission) and searched the vehicle, getting jons wallet out of the glove box and going through the wallet.

Well, the vehicle was subject to impound per CVC 22651(o) so if the vehicle was searched as part of an inventory of the vehicle pursuant to agency policy when conducting impounds, then it was perfectly lawful.

The truck was towed for no registration but he didn't get a ticket from the officer. Is that legal ?

Absolutely. The PNO means that it is NOT allowed on the street. If it is, and the registration os 6+ months in arrears, it is subject to impound.

can he search the vehicle without any permission? Since it is registered to me doesn't he need my permission?

If he is towing it, no permission is necessary pursuant to an inventory of the vehicle per agency policy.

- Carl

 

[CdwJava]

Sorry, but it was on Private Property. BARK BARK

And it had been seen on the roadway ... a driveway is NOT "home base" in a game of tag.

- Carl