DUI and potentially illegal search.

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Ian Parker

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Jurisdiction
Oregon
Hello everyone, this is my first post. I was pulled over and charged with a DUI at the beginning of this month. I blew a 0.14, and I'm pretty sure there is no way out of the DUI charge. The question I have is this: My car was pulled over in a bad spot on a busy road, and the officers said it would be towed, so I asked if they would be kind enough to move my car to a hotel parking lot near by. They did. When I got back to my car the next day, it had clearly been ransacked and searched (glove box open, everything on the floor, pockets of clothing in my car turned out, seats moved forward). Is this an illegal search even though I let them drive my car? Is there anything I can do to hold them accountable? Is it worth it?

Thanks for any help,
Ian
 
Are you asking if you can force them to clean up the mess?

They were allowed to search your car, whether you gave consent or not.
 
Zigner said:
Are you asking if you can force them to clean up the mess?

They were allowed to search your car, whether you gave consent or not.
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I didn't think a search of a vehicle was standard for a DUI. I thought consent was still required. Sorry to waste your time, Zigner.
 
Ian Parker said:
I didn't think a search of a vehicle was standard for a DUI. I thought consent was still required. Sorry to waste your time, Zigner.
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They were impounding your vehicle. The search is valid based on that, as well as on your arrest.
 
Ian Parker said:
I'm pretty sure there is no way out of the DUI charge.
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There might be a way to lessen the pain.
To see if that is possible, talk to a lawyer.

Ian Parker said:
Is this an illegal search even though I let them drive my car?
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You have no way of ascertaining WHO searched your vehicle.

The vehicle may have been BURGLARIZED.

Ian Parker said:
Is there anything I can do to hold them accountable? Is it worth it?
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You'd have to get someone to admit to doing something illegal, or find a witness who saw someone doing something unlawful.

If you have damages, your insurance company could make you whole.
 
Ian Parker said:
When I got back to my car the next day, it had clearly been ransacked and searched (glove box open, everything on the floor, pockets of clothing in my car turned out, seats moved forward).
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Drive drunk and bad things happen. Nobody's fault but your own.

You have no evidence that the police actually did all that.
 
Zigner said:
Are you asking if you can force them to clean up the mess?

They were allowed to search your car, whether you gave consent or not.
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Somewhat incorrect.
Officers are permitted to inventory the vehicle prior to towing it incident to arrest. If they do not tow it they have no business conducting an inventory.
Since it appears no evidence was discovered that is being used against the driver it becomes a moot issue.
That said, having asked the officers to relocate the vehicle the driver essentially gave the officers control over the vehicle and forfeited any right to privacy.
Had some evidence been located and used against the occupants there might be an issue to delve into, but there is nothing here, at least as described.
 
Ian Parker said:
Is this an illegal search even though I let them drive my car?
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No. You gave them control of the vehicle and in doing so clearly waived any expectation of privacy. Had something been found and used against you it may be worth looking deeper into, otherwise it is a non issue. Focus on the DUI defense and forget about this.
 
Ian Parker said:
I didn't think a search of a vehicle was standard for a DUI. I thought consent was still required. Sorry to waste your time, Zigner.
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Without a warrant to search consent IS required.
However, when you are arrested your vehicle may become subject to tow. Police are authorized to "inventory" the contents of the vehicle Pryor to toeing. This is NOT a "search". If police do not tow, they should not inventory. If they do inventory and find evidence of a crime, they had certainly better tow the vehicle or risk losing the evidence.
 
Zigner said:
They were impounding your vehicle. The search is valid based on that, as well as on your arrest.
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No... They did not tow the vehicle, which makes the inventory unreasonable. The only gray area here that benefits the officers is that they were asked to move the vehicle and expectation of privacy went out the window.
 
mightymoose said:
No... They did not tow the vehicle, which makes the inventory unreasonable. The only gray area here that benefits the officers is that they were asked to move the vehicle and expectation of privacy went out the window.
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I misread the original post - I thought the car had been towed.
 
Highwayman said:
It may have been "moved" by tow truck. We don't know for sure from the OPs statement.
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It wasn't moved by tow truck. The officer told me the car would be towed because it was parked on the side of the highway. I handed one of the deputies the keys to my truck and asked nicely if they would move it to a nearby parking lot. I did not consent to a search, but my vehicle was ransacked anyway. I appreciate the officers saving me a few hundred dollars in impound fees, so I'm not making a stink about it, but I did think the search seemed shady.
 
Ian Parker said:
It wasn't moved by tow truck. The officer told me the car would be towed because it was parked on the side of the highway. I handed one of the deputies the keys to my truck and asked nicely if they would move it to a nearby parking lot. I did not consent to a search, but my vehicle was ransacked anyway. I appreciate the officers saving me a few hundred dollars in impound fees, so I'm not making a stink about it, but I did think the search seemed shady.
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Anyone driving your car has not just a right but a duty to know that it is safe to do so and that there are no illegal items in the car.
 
If you want to be the BOSS,
you gotta pay the costs,
give the cops the keys to your hoss,
better recognize the vehicle will get tossed.
 
There once was a man from Oregon
Who had a drink and then more of them.
He got stopped the popo
And they took him in. Oh no!
A favor he asked
His car they then tossed
And he couldn't make rhyme or reason.
 
There one was a sad sack from Lynn
Who imbibed greatly of gin
He got stopped by the police
Who told him to cease
They proceeded to toss
His belonging were lost
Oh My, that poor sack from Lynn



Thank You! Thank You very much...
 
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