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DUI and potentially illegal search.

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Ian Parker, Nov 12, 2019.

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  1. Ian Parker

    Ian Parker Law Topic Starter New Member

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    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
     
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  2. Zigner

    Zigner Well-Known Member

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    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.
     
  3. Ian Parker

    Ian Parker Law Topic Starter New Member

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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.
     
  4. Zigner

    Zigner Well-Known Member

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    They were impounding your vehicle. The search is valid based on that, as well as on your arrest.
     
  5. army judge

    army judge Super Moderator

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    There might be a way to lessen the pain.
    To see if that is possible, talk to a lawyer.

    You have no way of ascertaining WHO searched your vehicle.

    The vehicle may have been BURGLARIZED.

    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.
     
  6. adjusterjack

    adjusterjack Super Moderator

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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.
     
  7. mightymoose

    mightymoose Moderator

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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.
     
  8. mightymoose

    mightymoose Moderator

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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.
     
  9. mightymoose

    mightymoose Moderator

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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.
     
  10. mightymoose

    mightymoose Moderator

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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.
     
  11. Zigner

    Zigner Well-Known Member

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    I misread the original post - I thought the car had been towed.
     
  12. Highwayman

    Highwayman Well-Known Member

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    It may have been "moved" by tow truck. We don't know for sure from the OPs statement.
     
  13. Ian Parker

    Ian Parker Law Topic Starter New Member

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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.
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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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.
     
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  15. mightymoose

    mightymoose Moderator

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    They would argue that this implies consent. You willingly gave them access to your otherwise private space.
     
  16. army judge

    army judge Super Moderator

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    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.
     
  17. mightymoose

    mightymoose Moderator

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    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.
     
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  18. justblue

    justblue Well-Known Member

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    lol...Don't quit your day job. :p
     
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  19. justblue

    justblue Well-Known Member

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    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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  20. Red Kayak

    Red Kayak Active Member

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    I think that's the point: the louse was so soused, he couldn't tell a cat from a mouse.
     
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