Is it Legal for the Police to Take Your Car if You're Arrested?

When you're arrested, the police may seize your car under specific circumstances. It's crucial to understand the limits of their authority and the legal procedures they must follow. This article provides comprehensive insights into when, and under what conditions, the police may take your car.

Understanding Police Authority in Towing or Impounding a Vehicle

The police have the authority to tow or impound your car under certain conditions, particularly when the vehicle is involved in a crime or if it was illegally parked or damaged. If your car is legally parked and not part of the investigation, the police generally cannot impound it. However, if the vehicle was parked illegally or was part of the crime, towing to an impound lot is a possibility.

Towing While Not Physically Arrested

If you are arrested in a location far from your car (e.g., a store), the police may need a warrant to impound the car. In this scenario, they can't simply take your car without a legal warrant. Towing without a warrant could lead to legal complications and may not be upheld in court.

Driving-Related Offenses

If the arrest is related to a traffic violation such as driving under the influence (DUI), driving recklessly, or driving without a valid license or insurance, the police are legally entitled to impound your vehicle. The car is held until the legal processes are completed, and a fee often needs to be paid to reclaim the vehicle.

Special Cases and Examples

Some specific scenarios can lead to more severe actions by the police:

Use of Stolen or Illicit Items

According to Vehicle Code section 22651h1, the police can tow a vehicle if the driver is arrested and under suspicion of using the vehicle in the commission of a crime. In such cases, the car can be impounded even if the vehicle was found away from the arrest site.

Nonsense Arrests and Vehicle Sales

In rare cases, the police may take a car as evidence or even sell it if they believe you cannot prove otherwise. For instance, in situations where someone is caught hiring a prostitute, the police might impound the car that was never in a primary illegal act but connected to the arrest through association. However, if the car is sold, the registered owner is still responsible for any financial debts.

FAQs: Common Questions About Police Impoundment

Can Police Take Your Car if You're Not Under Arrest?

Police can't take a car without arresting the owner or a passenger. They can, however, legally impound a car if it was illegally parked, damaged, or involved in a traffic violation while the owner is not under arrest.

Can You Get Your Car Back After Impoundment?

To reclaim your car, you need to pay any associated fees, penalties, and storage costs. The process varies depending on the state or local laws. Some places require you to provide proof of ownership and a payment receipt.

Can the Police Impound a Car if the Owner is Not Present?

The police can't impound a car without arresting the owner or obtaining a warrant. In cases where the car is impounded due to illegal activity by another occupant, the owner may be financially responsible but not required to retrieve the car.

Understanding these legal aspects helps in dealing with potential legal issues related to vehicle impoundment during an arrest. If you ever find yourself in such a situation, it is advisable to consult with a legal professional to navigate the complexities of the situation.