Can PA State Police deny me access to items in my impounded vehicle?

[fl678]

Jurisdiction

Pennsylvania

My vehicle was towed after a PA state police traffic stop for no registration or insurance. I was not stopped for any other reason but that they ran my tags and saw they were expired, charged with no other offense. I went to the towing company to request access to retrieve my only set of house keys, my only cellphone, my wallet with money and all my credit cards, etc. I was denied access by the owner. The next day my vehicle was moved from the tow company to the local state police barracks impound. I asked the police if I could access my belongings, or if not, could they retrieve the most essential items for me. They refused. When I asked how i was supposed to live with no house keys, cell phone, money, access to funds, etc, they said it was not their problem and if i couldnt buy my car outof impound, they could keep everything in my car til it was all crushed together in the junkyard or auctioned to someone else with all my personal belongings still in it. is this legal?

 

[adjusterjack]

is this legal?

It's legal if the law doesn't prohibit the behavior.

The impound statute doesn't prohibit the denial of access.

52 Pa. Code § 1055.32. Impoundment of vehicles and equipment. (pacodeandbulletin.gov)

Now here is your life lesson from the school of hard knocks.

Never drive uninsured.

Pay attention to your registration and renew on time.

Keep your house keys, cellphone, wallet with money and credit cards, etc on your person at all time.

If you want your stuff back I suggest you pay whatever it takes to get your car back and hope a lot of your stuff isn't already gone.

 

[justblue]

My vehicle was towed after a PA state police traffic stop for no registration or insurance. I was not stopped for any other reason but that they ran my tags and saw they were expired, charged with no other offense. I went to the towing company to request access to retrieve my only set of house keys, my only cellphone, my wallet with money and all my credit cards, etc. I was denied access by the owner. The next day my vehicle was moved from the tow company to the local state police barracks impound. I asked the police if I could access my belongings, or if not, could they retrieve the most essential items for me. They refused. When I asked how i was supposed to live with no house keys, cell phone, money, access to funds, etc, they said it was not their problem and if i couldnt buy my car outof impound, they could keep everything in my car til it was all crushed together in the junkyard or auctioned to someone else with all my personal belongings still in it. is this legal?

It is much more legal than driving around in an uninsured, unregistered car.

 

[army judge]

The silly things people do will often cause them much grief, regret, and money.

Here's a thought, avoid the inconvenience, financial hardship, and life alterations by endeavoring to ALWAYS obey all of the local, state, and federal laws.

Trust my representations, your life will be easier, and you won't need to give them more of your money.

 

[Tax Counsel]

is this legal?

I can see a possible Constitutional argument that you are being deprived of property without due process. But to launch that fight would cost you a lot more than the value of the stuff you are trying to retrieve, would take years to litigate to conclusion, and there's no guarantee the federal courts would ultimately side with you. It costs $402 just to file a complaint in federal district court, just to give you an idea of how quickly costs can add up. Sometimes you can be right but pursuing the matter may cost you more than it's worth. That's no different than any other money decisions people have to make.

 

[adjusterjack]

Sometimes you can be right but pursuing the matter may cost you more than it's worth.

That's called a Pyrrhic victory.

Pyrrhic victory - Wikipedia

 

[Zigner]

I can see a possible Constitutional argument that you are being deprived of property without due process.

Due process doesn't mean instant. The OP needs to follow the process before claiming denial of due process.

 

[adjusterjack]

Due process doesn't mean instant. The OP needs to follow the process before claiming denial of due process.

By the time the process is followed, the fees will exceed the value of the car and it will be sold at auction. The stuff will disappear and inquiries met with shrugs. PD: We don't have it, must be the towing company. Towing Company: We don't have it, must be the PD. OP: What are my rights? Waah.

OP needs to go pay the fees ASAP and get the car back, hopefully with the belongings still in it.

 

[Zigner]

By the time the process is followed, the fees will exceed the value of the car and it will be sold at auction. The stuff will disappear and inquiries met with shrugs. PD: We don't have it, must be the towing company. Towing Company: We don't have it, must be the PD. OP: What are my rights? Waah.

OP needs to go pay the fees ASAP and get the car back, hopefully with the belongings still in it.

No argument there.

 

[Tax Counsel]

Due process doesn't mean instant. The OP needs to follow the process before claiming denial of due process.

I never intended to suggest it is instant. An indeed it is pretty much guaranteed that it is not required to be instant. But at the same time if the OP really wants the stuff (and not just the monetary value of it) he or she would need to file an action in court to at least stay the sale of his personal stuff before the police sell it. Once it's sold, that ship has sailed. So if the police keep stonewalling him, action sooner rather than later would be the way to go. As I noted earlier though, the cost to go down that route is going to cost more that the stuff is worth so unless the OP can win a claim for punitive damages or damages for bad faith along with a requirement that the government must reimburse the OP for reasonable attorney's fees I'd suggest that's not worthwhile to do. Consulting an attorney at this point might be very useful for the OP to sort out the options and costs so that an informed decision may be made about what to do.