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Ask S. Huband, Esq. Your Own Question

S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Experienced and knowledgeable criminal defense attorney.
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Can police seize vehicle, cellphone and all personal belongings

Resolved Question:

Can police seize vehicle, cellphone and all personal belongings in a vehicle is someone is charged with 18.2-357?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 8 months ago.

S. Huband, Esq. :

Hello again!

S. Huband, Esq. :

The answer is "it depends" as is always the case with search and seizure. Did the cops have an arrest or search warrant?

Customer: Not at the time of the incident , my friend pulled into the parking lot of the hotel and was search and arrested (nothing on him nor his car) and was taken to county jail and a warrant for his offence was issued there
Customer: It's one been a week since his release on Bond and the arresting officer finally answered his calls this last Friday saying his car is seized
S. Huband, Esq. :

Was he outside the car or inside when the cops arrested him? In other words, had he already gotten out of the car, or were they waiting for him when he pulled up?

S. Huband, Esq. :

Inside the car is what I meant in that first question...

Customer: They were waiting for him to pull up, surrounded him, asked hi to open the door with his hands up, asked for his ID, demanded for his wallet without consent, pulled him out of the car and hand cuffed him, put him in the patrol car while others were searching his car, then he was taken away not knowing where his car is until this last Friday he heard it's been seized
S. Huband, Esq. :

Then yes, as long as the cops had probable cause to arrest him, and they had probable cause to believe there was evidence of the crime of arrest (pimping) in the car, they could search the car.

S. Huband, Esq. :

I suppose what they were looking for was his cell, to check the texts.

S. Huband, Esq. :

It sounds like they already knew from the girl at the hotel room about the texts? They had already busted her?

Customer: Yes exactly
S. Huband, Esq. :

Not good, my friend, not good.

S. Huband, Esq. :

There might have been an argument that the cops needed a search warrant for the phone, but probably not under these circumstances.

Customer: They have his cell why won't they release his car? Or his other personal non-related stuff?
S. Huband, Esq. :

They should. He or his attorney should contact the property officer at the police or sheriff's department that arrested him and ask for return of these items.

S. Huband, Esq. :

Your friend hasn't been served with a civil lawsuit from the Commonwealth for the car, has he?

Customer: No, he's only been served with the offence
Customer: The arresting officer told him your car will be seized until the outcome of the court in Feb
Customer: Or when the commonwealth decides
S. Huband, Esq. :

That's bizarre. Why do they need the ENTIRE car I wonder? I can't see why it would be evidence. They're just being jerks, shocker...

S. Huband, Esq. :

The cell phone I understand, not the car.

Customer: he needs some of his work documents that's left in the car , can an attorney fight to get those or the "jerks" prevail ?
Customer: Arresting officer is clearly giving him a hard time since he refused to answer questions without a at
Customer: an attorney *
S. Huband, Esq. :

Yes, an attorney should be able to make some headway in getting his car back and its contents, so long as the Commonwealth doesn't have a valid reason why the car and the documents are evidence.

S. Huband, Esq. :

As for not talking, please give your friend a hearty pat on the back for me. I LOVE IT when people actually exercise their right to remain silent.

Customer: Can they seize the car if they have probable cause that the "escort" was transported in that car?
S. Huband, Esq. :

Maybe, but I just don't see how they can keep the entire car. What will they do, drive it into the courtroom and label it "exhibit A"? LOL.

Customer: Exactly
S. Huband, Esq. :

Seriously, he needs an attorney and that person should be able to get the car etc. back based on what you've said.

Customer: And the funny thing is he was never given any documents about his car being towed/seized and no list of personal properties that were in the car
S. Huband, Esq. :

There should be an inventory list with the police or sheriffs who seized the car. He (or his attorney) should request a copy of it.

Customer: and last thing , can he be in contact with his "escort" friend before the trial ?
S. Huband, Esq. :

It depends on what his bond conditions are. A usual condition if to have no contact with others charged or with potential witnesses against him. That could include the escort. BUT, his attorney can certainly contact her.

S. Huband, Esq. :

Your friend should have a document from the magistrate or court who issued the bond which details the bond conditions. If he doesn't have a copy, it should be available in the court where he's charged with the rest of the paperwork. I assume that's a General District Court?

Customer: yes
S. Huband, Esq. :

Gotcha, so if he needs a copy, it's with the court with his warrant(s).

Customer: anyways thanks for your time , I'll get back to you with more Q's :-)
S. Huband, Esq. :

Awesome, thanks for the chance to help! I'll be offline till tomorrow, I have court in the AM. But I'll check back in to see if I can help further. Best wishes!

Customer: thx and goodnight
S. Huband, Esq. :

You too!

S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience: Experienced and knowledgeable criminal defense attorney.
S. Huband, Esq. and 3 other Criminal Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 8 months ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely XXXX XXX matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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