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My car was seized today and they don't yet have a warrant.

My car was seized...

My car was seized today and they don't yet have a warrant. my boyfriend and i are being harassed

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

No warrant. wa state

Lawyer's Assistant: Have you talked to a lawyer yet?

I'm trying to

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Answered in 1 minute by:
1/17/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,187
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please provide details. Have you been charged with a crime? Why was your car seized? What is your question?

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Customer reply replied 1 month ago
I was driving to get coiffe nd wa pulled over. rpd harasses me regularly so i pulled over got my stuff out and started recording. they told me they were looking for my boyfriend and i was frre to go. I went to get coffee then they had me park and give them my key. no warrant just that they think jerad, my boyfriend committed a crime in this car. my car. they asked if i had modified lights i said no. we called prosecutor and they have nothing on it. and no warrant has been issued.
Customer reply replied 1 month ago
i called my boyfriend to let him know bc we have his son today for his bday. they left me at the coffee place to walk home. my bf called the police and they said they have probable cause and to come talk. so obviously he is scared. they did this to us in june of 16 as well. said he had a gun, which he did not and searched my car and home and kept him on 72 hr hold for 5 days bc doesn't include weekends.
Customer reply replied 1 month ago
there was no evidence then and none now bc he did nothing. its taking a huge toll on my family. i have filed complaints against them and they keep doing it. i was met with 7 officers ast my new job in juky of 16, had me take a breathalyzer to prove i was not drunk at 8 am! i was fired due to "my personal life interfering"
Customer reply replied 1 month ago
but today i want to protect my boyfriend as well as my vehicle, we are scared

If they actually do believe that the car was used as the means to commit a crime, they would be able to take it without a warrant. They would only need a warrant or an exception to the warrant requirement to search the vehicle.

However, they also appear to be holding the car hostage to get your boyfriend to come in so that they can try to get him to give evidence against himself. And given what else they have done, it seems there is a pattern of police harassment.

You and your boyfriend need to contact a local civil rights lawyer, because this sort of harassment is something for which you can sue. And taking that kind of a step would put your local police on notice that they are not outside the law.

Because nothing they have found has actually resulted in any charges being brought, there really isn't any other effective way to challenge their conduct, except by bringing suit. You can report the police officers to their superior officers, to Internal Affairs and to your state attorney general, if you think that will do any good, but given the extent to which this harassment has gone on, there could be too much corruption for any action to be taken.

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Customer reply replied 1 month ago
I have filed complaints to superior officers and internal affairs. how can we even verify there is a warrant. if he talks today he will be arrested and held until monday at least bc weekend.

He does not have to EVER go to the police and submit to interrogation, and he should not do so without a lawyer who would be willing to go with him.

He has an absolute fundamental right to refuse to give evidence that can be used against him. That comes from the Constitution and the 5th amendment.

I thought you already said that there was no warrant. However, the investigative phase of a possible case is not a matter of public record. There is nobody you can ask about the warrant except for the police who won't tell him anything. If he is arrested and charged for anything found within that car, he will get the opportunity as part of the case to challenge the taking of that evidence. The police then would have to produce the warrant or convince the court at a hearing that they did not violate your boyfriend's rights or the evidence couldn't be used against him.

He needs to go looking for a lawyer and then follow that lawyer's instructions about talking to the police. I am sure, however, that no lawyer will allow him to talk to them unless they are willing to go with him. Once a lawyer is actively in the picture, the police will have to be more careful about how they handle you and your boyfriend.

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Customer reply replied 1 month ago
Can they take him from our home? on just probable cause?
Customer reply replied 1 month ago
they seem to be waiting to catch him driving around makes me think there is nothing.

Sorry for the delay. I am juggling several customer and taking their follow-ups in turn.

Yes, with probable cause they can get a warrant for your boyfriend's arrest and come get him. But you're right. If they are looking to catch him to have some reason to pull him in, they probably don't have probable cause.

That's one of the reasons he shouldn't go in to talk to them without counsel. They are clearly gunning for him. Going in won't make anything better for him, but it can make things worse. He's already learned that.

Time to get a local crimnal lawyer so that the police know he has counsel and will stop. Then you both can still look for a civil rights lawyer to bring suit and recover for the the 5 day loss of his liberty, the car, and the loss of your job.

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Customer reply replied 1 month ago
how long can they keep my car without giving me a search warrant?

They've got the car. They don't have to serve you with a warrant, though they do have to have one to fully search it. They can keep the car until their investigation is over, and, if it turns out to be evidence in a case they can hold it for longer.

They are playing fast and loose with all the rules. You need to get a lawyer involved to keep the police from abusing their authority. If they have no need of this car, except as a way to try to force your boyfriend to come in and talk, he can help you get it back.

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Customer reply replied 1 month ago
is he safe to come home and refuse to be questioned?

He has the right to refuse to be questioned. If they have probable cause to arrest him and a warrant for his arrest, they can do so anyway.

Again, however, what he needs most is a criminal lawyer. You two handling this on your own have not made anything better for either one of you.

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Customer reply replied 1 month ago
in june they were questioning me and i told them i was done and they threw me on the ground cut my face open and put me in a police car until they arrested jerad.

So why didn't you get a lawyer in June??? You don't seem to understand that you have both become part of this problem. You know that they are not doing what's right and you are letting them do it instead of finding someone local who will stop them.

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Customer reply replied 1 month ago
I have tried even contacted aclu and nobody wants to go against the police here. They also have zero recording in richland, so i cant supeona them throwing me down. i have photos my boyfriend took from in the house. i requested copies of all reports and they keep delaying. I live in an upper class neighborhood 3200 sq ft house in south Richland wa. not the ghetto. we are both white. i was going to call the media but scared it will harm jerads case.
Customer reply replied 1 month ago
They told him they have probable cause to arrest him can he force them to get a warrant first?

If they come to arrest him, he can demand they get a warrant. That doesn't mean they will. But it means that his arrest may be unlawful and when the case comes to court his lawyer will be able to get a hearing to challenge the arrest and to possibly get the case thrown out.

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Customer reply replied 1 month ago
they pulled jerads mom over didn't even ask for id to see if jerad was with, in the next city over

None of this changes what I've already said.

If you can't find a local criminal lawyer who will represent you/your boyfriend, look for one in a different county. Any lawyer with a license in your state willing to come to your county can do so.

Try the Washington STate Bar Association's Lawyer Referral Service or a commercial referral service such as www.Martindale.com

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=WA

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Customer reply replied 1 month ago
There are no lawyers in my area on these referral lists.

Any lawyer in the state can practice law in any other part of the state.

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Customer reply replied 1 month ago
can i get in trouble if he comes home?
Customer reply replied 1 month ago
i have made 2 consult appointments for tmr for criminal

Why would you get in trouble if he comes home? He's not a fugitive. He hasn't even been charged. You're not obstructing justice or doing anything wrong.

I'm glad to hear you've found local counsel to consult with and wish you the best of luck. At the very least, he should be able to get you your car back.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,187
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 month ago
They told me that if i didn't give my key to them earlier id be charged with obstruction.

That was not your question. You asked if you could let your boyfriend come home and I said you couldn't be charged with obstruction for that.

You can ask them to show you a warrant to search the car before you turn over the keys. Or you can wait to talk to a lawyer tomorrow and have him call the police and discuss the car.

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Customer reply replied 1 month ago
That's what I did. they said they didn't have a warrant but i had to give it still

They need a warrant or an exception to the warrant requirement to search the car. Your giving them the key would be an exception, because you'd be consenting to the search.

If you don't, they should be able to get a warrant. If they don't have enough evidence to get a warrant, then it seems to me they also don't have enough of a basis to arrest you for obstruction. But you can discuss that with the lawyer you consult with tomorrow.

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Customer reply replied 1 month ago
they said they are seizing it as evidence and that i would be arrested if i didn't.
Customer reply replied 1 month ago
i did not consent to search. i did not get out of my car until they made me.
Customer reply replied 1 month ago
they have to get a warrant to get him ffrom my home correct?
Customer reply replied 1 month ago
hello

If he's there and the police come for him, you can ask them to produce a warrant. They may get him anyway. If so, he can challenge his arrest as unlawful once he has a lawyer and starts fighting his case.

These officers haven't done one thing by the books yet, if what you've been telling me is accurate. I doubt they will start now.

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Customer reply replied 1 month ago
that's what i am afraid of. I have many recordings and complaints and photos. we are trying to document everything because nobody believes us.
Customer reply replied 1 month ago
this is what they gave me
Customer reply replied 1 month ago
verbage says impounded and search warrant he told me seized and the checked box is evidence so i have no idea!

They took it as evidence. That allows them to impound it and to search it with a warrant. There isn't much more i can tell you that I haven't already said. You're well beyond the point where you can handle this yourself. You need a local lawyer who can step in and talk to the police so that they can bother him or her and not you. Then you can think about a civil rights lawyer to address the harassment issues.

Hopefully, you'll get some relief tomorrow when you have a consultation.

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Customer reply replied 1 month ago
is that legal what they did

Possibly. That was my first sentence to you. We've come full circle. If they have probable cause to believe that the car was used in a crime they can seize it and impound it and hold it for evidence. They need a warrant to search it.

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Customer reply replied 1 month ago
The attorney we met with said we don't have a case.

What were you asking the attorney to do for you?

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Customer reply replied 1 month ago
he consulted us regarding criminal and civil he said that he would need $100000.

He would charge you a hundred thousand dollars for both the criminal and the civil matters? I thought you just said he didn't think you have a case. So what would he do for you for all that money?

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Customer reply replied 1 month ago
Exactly. They said he wouldn't be willing to do contingent because he couldnt justify it to his other partners.

First of all, if he is saying you don't have a civil suit, then there's no reason to pay him for something he doesn't think you can win.

Secondly, your big problem now is criminal not civil. Someone has to intercede with the police so that they know you're represented by counsel and stop rousting you. They can also help get your car back. But even here, there's no criminal case against you. In short, nothing you have going on right now seems to justify a fee of $100,000.

I think you need to see someone else and to forget the civil for now until the criminal matter gets resolved.

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Customer reply replied 1 month ago
That is what I am focusing on. attorneys here charge consult fees. It's frustrating. They are forcing my boyfriend to hide. RPD front desk told me they have felony probable cause for him impersonating a police officer. They took my car because they think I have modified headlights.

They charge consulting fees everywhere but they typically aren't high for just the initial consultation. You'll just have to keep looking, unfortunately

Seems to me that the attorney you saw today just didn't want the case.

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Customer reply replied 1 month ago
They searched my car with a warrant. They took medical records as dominion. Can they do that?
Customer reply replied 1 month ago
Pg2
Customer reply replied 1 month ago
Pg3

I don't see why they can't. The second page of the warrant gives them very broad latitude to take what they find in the car that would establish who owns and uses the car.

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Customer reply replied 1 month ago
Because its private medical records

That doesn't matter. They were found in the car in the console between the seats and establish who has control of the car.

This doesn't mean they need them or that they will admit the records as evidence. They would have to be relevant to the charge, which they don't appear to be.

The owner of the records can try to ask them to return them if they have no bearing on the case or get a release for the records from the prosecutor.

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Customer reply replied 1 month ago
When i was pulled ovet i was told they were looking for my boyfriend and i was free to go. Never even asked me for id or anything.Then they stopped me after i git coffee and took my car. An attorney mentioned could be illegal seizure. What is your opinion

It could be. Depends on when they got the warrant. In any case, your boyfriend will get an opportunity to challenge that when the case comes to court.

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Customer reply replied 1 month ago
They got the warrant Thursday night at abt 9pm. Searched it Friday afternoin. Still no arrest warrant

They can take their time, however. They can investigate and take until the statute of limitations runs out on the crime before they charge anyone. That gives them at least 3 years to get the evidence they need.

They aren't likely to take that long, but they can. So it doesn't mean much yet that there's still no arrest warrant.

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Customer reply replied 1 month ago
Is it illegal for the police to have told me i was free to go and then trap me abt 15 minutes later and take the car? They never even asked for my id or info until the tow truck came.

There's no way that I can know whether it was legal or not because I only know your side of the story. Right now, it doesn't sound legal, but whether or not it was legal will get determined at a hearing after all the evidence is heard by the judge.

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Customer reply replied 1 month ago
have it on recording that the officer said we were looking for Jerad you are free to go. And then 15 m8nutes later im told to give the key or i will be arrested on obstruction

I know. We've been all over this before.

I wish you good luck but I cannot possibly predict what that outcome will be from hearing only one small piece of the story. The best that I can say is that you have some favorable facts and the police may have exceeded their authority.

Have a great night.

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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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