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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110542
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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To say my boyfriend and I went to the mall and he got

Customer Question

Hi to say my boyfriend and I went to the mall and he got arrested. We drove my rental car there and he had the key in his possession. I wasn't aware of his arrest til hours later. I went to the police dept to get my key back but they wouldn't give it to me unless I consented to a search which I did in the beginning but I realized I should talk to an attu first so I withdrew my consent and called triple A a hr later to get the vehicle towed only to find my rental missing and was notified it had been taken to the station for search even though I withdrew my consent. Is that legal?
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They cannot search a vehicle without a warrant once consent is withdrawn. So if you withdrew your consent they would need a warrant for the search OR they could impound the car since the key was in his possession.
On an impound, the police can inventory the vehicle without your consent. So if you refused consent and they had some reason to believe evidence was in the car they could impound the car and conduct an inventory search. So the impound is legal if they had some reason to believe the car was used in whatever crime was committed.
Your boyfriend can challenge the search if anything was found in there that he is being charged with.

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