How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

My boyfriend and I were pulled over the other night and

Customer Question

My boyfriend and I were pulled over the other night and detained. They ended up placing us both under arrest him for driving without a license me for identity theft but I had no warrant. They searched me and my purse but found nothing illegal however they took my two cell phones and two temporary debit cards that had no name on them. They also impounded his truck so they could get a search warrant because they allegedly had me on video going thru a drive thru atm using someone else's card. After over an hour ofrom being cuffed sitting in the back of the police car they ended up releasing my boyfriend without issuing any ticket of giving hime any paperwork on the truck or anything they then proceeded to transport me to the county jail. We get to the jail and are about to pull into the Sally port when they received a phone call, apparently from whomever they had been talking to back and forth the whole hour we were waiting before transporting me, that person said they thought I was another girl that they were also looking for but they were NOT to arrest me and take me to jail. So theyes ended up driving me back to where they had arrested me and releasing me from cuffs and letting me go. However they still kept my cell phones, and had already taken his truck to search as evidence. Can they keep those things and his truck and search it if no one was arrested and booked at the end of all of this?
Submitted: 3 months ago.
Category: Legal
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. The police can keep items that they confiscated during a lawful search for the duration of an investigation and/or for the duration of the criminal suit as evidence.

ON RETURNING THE ITEMS

If the items have nothing to do with the investigation/criminal suit and the truck and cell phone are clearly not tied to the case, then they should return it. Should does not always mean will. If they have not, and refuse to, then the owner can file a Writ of Mandamus or a civil suit to as the Court to order the PD to return the items, provided that the Court agrees that they clearly have nothing to do with the criminal matter.

ON SEARCHING THE VEHICLES

The police have a right to search the vehicle WITHOUT a warrant in scenarios listed HERE. However, if they feel that the truck may hold something but no exception applies, they can hold on to it and request a warrant from the Court to search it. If the Court approves the warrant, they can search the vehicle. My guess is that they will find nothing and then will return the vehicle PROVIDED THAT it is not the same vehicle as seen in the video.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Legal Questions