How to contest a towed vehicle?

weasel · #1 10-15-2004, 07:02 PM

Ok, remember the friend who got the bogus "72hr" parking ticket? Well, the cop showed up with a tow truck and towed his car today. Impound fees will be upwards of 100 bucks.

Can city officials sieze/impound our personal property like that? And how would my friend contest the seizure and avoid the fees?

#2 10-15-2004, 07:53 PM

Why did they tow the car? Was he still parked in the same spot where he got the ticket?

weishaupt1776 · #3 10-15-2004, 07:57 PM

<FONT COLOR=Black>[b] This guy HERE is an expert on tow crimes. Also check out lawresearchgroup,com parking package.

weasel · #4 10-15-2004, 08:41 PM

Thanks weis, I've emailed the guy. All I found on his freeserver site was stories and testimonies. No 'how-to' information.

Yes, the car was in the same spot, but it had been moved. The officer said she marked it in a way that wouldn't be seen, but wouldn't show me where that was. Hmmmmm.....

weasel · #5 10-19-2004, 05:13 PM

Still haven't gotten any response from the towcrimes guy. can't afford the parking package right now, so I'll just have to depend upon my 5th Amendment right to not be deprived of property without due process .

Drob · #6 10-19-2004, 05:27 PM

Weseal-

Check your State Constittution-> then your Annotated, somewhere in there it should have bearing on what the law can and cannot do.

#7 10-20-2004, 05:57 AM

weasel - were you actually deprived of your property, or was the state merely enforcing its rental agreement?

think about it...

jon

weasel · #8 10-20-2004, 05:03 PM

I know nothing about this 'rental agreement.' Do you mean vehicle registration?

TheBlackTruth · #9 10-20-2004, 06:40 PM

<font color=darkblue face=verdana>Here are some cases to research on this topic:

J.B. Manning Corp. v. United States, 86 F. 3d 926 (9th Cir. 1996) ... The good faith exception to the warrant requirement does not affect motions to return property under F.R.Cr.P. 41 (e)

United States v. Duguay, 93 F.3d 346 (7th Cir. 1996) .... A car could not be impounded for a later search unless the arrestee could not provide for its removal

note: the above are NOT quotes, just synopses. [/color]

weishaupt1776 · #10 10-20-2004, 07:04 PM

Quote:

Originally Posted by TheBlackTruth

<font color=darkblue face=verdana>

. . . just synopses. [/color]

<FONT COLOR=BLACK>[b]BT, wouldn't the plural be synopsi ? If not, it seems like a pretty cool word if I ever get invited to one of those wine & cheese deals.

BTY, I will be gettin' all Lexised out mana'na