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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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Can police keep a vehicle used to drop off a fake

Customer Question

Can police keep a vehicle used to drop off a fake precription in a Walgreens drive thru. Also in the vehicle was a small amount of meth and precription paper.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
The State is Arizona.
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Police can impound and hold any evidence connected with a crime they are investigating until the trial is over. If they believe someone is using a car to commit a crime, unfortunately, yes, they can hold onto it until the case is over. That is something police will do if they suspect that someone was selling drugs out of a car, although you could argue that the car itself isn't really evidence. If you have a criminal defense attorney handling the case, they may be able to help file a motion asking the police be ordered to release the car, but it'll depend upon the specific facts of your case.

If they have reason to believe that the car was being used to commit a crime, or was purchased with drug money, the car can be forfeited entirely. When the person who owns a car is not the person who was driving it or allegedly using it to commit a crime, that person can petition the courts as an innocent owner to have the vehicle released. But that's still something that happens after the case is over, most of the time. But that person could try talking to police to see why the car's being held as evidence and try to discuss whether there's any way to get it back sooner.

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