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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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what right do a police have to tow a car if all the paperwork

Resolved Question:

what right do a police have to tow a car if all the paperwork is in order and you have avalid driving license.you are given a warning and then you deny them the right to search the vehical so they get the dog to search the outside of the vehical
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.
<p>DearCustomer- There certainly is an issue of probable cause. I'm not certain if anything was found after the car was towed but if so there should be a motion to suppress due to an unreasonable search and seizure under the Fourth Amendment. </p><p> </p><p>Obviously I don't have all the facts surrounding the stop or what was said or done prior to arrival of the dog. Motions to suppress take into account all of the circumstances and whether the police had probable cause based on the facts to conduct a search. I cannot say for certain in your case what the outcome would be but just based on what you have told me i certainly thing you have a valid argument.</p><p> </p><p>The remedy to an illegal search is a motion to suppress any evidence found. You may also be able to recover any costs of the tow if it was ruled an illegal search or seizure.</p><p> </p><p>Dave Kennett</p>
Customer: replied 4 years ago.
but first i was patted down made to walk the yellow line to see if i was intoxicated,then i was given a written warning and then they asked to search my vehical which i declined so they got the drug dog wich detected nothing and that's when they said that they was taking my truck and get a search warrant,but i wasn't arrested.their reason was because they said i was acting nervous
Expert:  Dave Kennett replied 4 years ago.
<p>as I said, they probably violated the Fourth Amendment - of course if they found no evidence there's nothing to suppress. You can file a complaint against the police department for abuse of authority but they will then just make you a future target. If they found anything in the truck you will need to file a motion to suppress. This is police harassment at its best and you need to stand up for your rights. If you are charged with anything be certain to get an attorney and if you can't afford one have one appointed.</p><p> </p><p>You did the right thing by refusing to let them search however cops don't like anyone to question their authority. I admire your courage for standing up to them.</p><p> </p><p>Dave</p>
Customer: replied 4 years ago.
after being given the written warnig not a traffic ticket i should have been able to leave with my truck,right!
Expert:  Dave Kennett replied 4 years ago.
That's what I believe but the cops love to harass people and that's what it appears has happened to you. Once they gave you a warning there was no probable cause to hold you for any other reason. Being nervous is not a crime and most people are "nervous" when stopped by the cops.

Dave
Customer: replied 4 years ago.
i was pulled over on the pretense that idrove over the dividing line.i was given a written warning then i was asked if i would consent to a vehical search,which i said no,then i was told that i could not leave until the dog came ,which took about 45minutes.the dog didn't hit then i asked if i could leave but the offficer told me that they was towing my vehical.after talking to a few lawyers they said that there was an investigation going on but i don't understand how they could inpound my vehical after the fact that they gave me a written warning.should i or not been able to leave with my vehical after the written warning
Expert:  Dave Kennett replied 4 years ago.
Yes you should have been able to leave and I believe the police over stepped their bounds. The prolem is that since they found nothing there's not much you can do unless you want to file a suit. Suing the police is not easy so you should definitely get an attorney. As you can see, two other experts have agreed with this assessment.

Dave
Customer: replied 4 years ago.
i didn't say they didn't find anything until my vehical was impounded i don't know if they got a warrant but they said they did and that they found contraband in my vehical.i have yet to be arrested nor is there an arrest warrantfor me.and the d.a. told one of the lawyers that they wasn't going to show the search warrant.can they do that?
Expert:  Dave Kennett replied 4 years ago.
OK - I thought they towed the car and found nothing. If you are charged with a crime you will need to file a motion to suppress the search. You should not talk to anyone about this but an attorney, and I mean anyone. You seem to have a great argument for lack of probable cause but I can't predict outcomes of court cases. We can discus this forever but until the issue is presented to a court I can't tell you what will happen.

All of these issues about warrants etc will come later in the motion to suppress and nothing you do now will affect what happens with whether you are charged initially. Just don't talk about this and be certain to get a lawyer if charged. If you can't afford a lawyer the court will appoint one.

Dave
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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