Legal Provisions for Police Actions on Your Vehicle During Criminal Pursuits in the U.S.

When law enforcement officers are pursuing a criminal investigation, they must abide by strict legal guidelines ensuring both the protection of individual rights and the effective conduct of their duties. This article provides an in-depth exploration of the circumstances under which a police officer may legally impound or tow your vehicle during a criminal pursuit in the United States.

The Basis for Impounding a Vehicle

In many cases, a police officer has the authority to impound or tow your vehicle under certain conditions:

Legal Parked and Not Part of the Investigation: If a vehicle is legally parked and is not part of the officer's current investigation, they generally cannot impound it. Illegal Parked or Part of the Infraction: If the car is parked illegally or is part of the infraction with which the arrest is related, the officer may impound it and the owner will have to pay for the impound fees and towing charges to retrieve it. Arrested Away from the Vehicle: Under US law, if the driver is arrested away from the car (e.g., in a store), the police would need a warrant to impound the car, provided the car is not involved in the arrest. Drug Arrests: In cases involving drug offenses, the police may impound your vehicle if it is reasonably believed to have been used in the commission of a crime.

Police Rights and Liabilities

The police do not necessarily "take" your vehicle, but they can impound it under certain circumstances. For instance:

Armed with a Warrant: If the police officer has a non-bailable warrant, they are allowed to seize the vehicle. This is less common now but still within the purview of the law. Commondear a Vehicle: Historically, police officers could commandeer a vehicle for purposes of investigation, although this practice is now rare due to liability concerns.

The impounded vehicle does not become the property of the police, and you must pay to have it released from impound.

Examples of When a Vehicle Might Be Impounded

There are several specific scenarios in which a vehicle might be impounded:

Drug Interdictions: If a vehicle is involved in a drug transaction, it may be impounded to prevent any further illegal activity. Prostitution Arrests: In some cases, the police may impound the vehicle of the arrestee, even if the registered owner is a financial entity. The owner still incurs a financial liability for the sale of the impounded vehicle. Roadside Promptness: If the vehicle is impounded to prevent it from being left on a road where it may cause an accident, it will be taken to an impound lot and incur a daily storage fee.

Conclusion

Understanding the legal provisions governing the actions of police during a criminal pursuit is essential to protecting your rights as a motorist. While the police have certain rights to impound a vehicle, they must do so within strict legal bounds, and you have the right to retrieve your vehicle after paying the associated fees.