One of the most asked questions regarding vehicles in Florida is “When can police impound a car?” In Florida, police officers may impound a vehicle only under specific legal circumstances. Typically, police officers can impound a car when public safety or legal compliance is at issue. Common grounds for impoundment include:
- Arresting the driver for driving under the influence (“DUI”) under Florida Statutes Section 316.193 pursuant to a lawful traffic stop
- Operating a vehicle with a suspended license or revoked license under Section 322.34
- When the vehicle is abandoned, obstructing traffic, or illegally parked as outlined in Section 316.194 and Section 323.001
- If the vehicle is involved in a felony, such as vehicular manslaughter, pursuant to Section 932.703
All of the above statutes authorize officers to remove vehicles that pose hazards or are connected to criminal activity. Additionally, Florida law requires that impoundment and any related inventory searches follow standardized procedures and not be used as a pretext for investigation.
The United States Supreme Court in both the Colorado v. Bertine and Florida v. Wells cases affirmed that inventory searches must be conducted according to established departmental policies and cannot be investigative in nature. Failure to follow these protocols may result in suppression of evidence. It is important to note that for abandoned or immobilized vehicles, Florida Statutes Section 713.78 governs towing, storage, and lien procedures, including notice requirements and owner rights.
What Does It Mean When the Police Impound a Car?
In Florida, to impound a car means the vehicle is taken into official custody and relocated to a secure impound lot. Once again, this typically occurs when the driver is arrested, such as for DUI or driving without a valid license. Impoundment may also follow involvement in a crime or accident, especially if the car is considered evidence or cannot be safely operated.
Once impounded, the vehicle is then subject to inventory procedures conducted under standardized departmental policies. These searches are not meant to be investigative but serve to document the car’s contents, protect the owner’s property, and shield officers from liability. Importantly, owners must pay towing and storage fees to retrieve their vehicle, and failure to do so may result in the car being sold to recover costs.
In Florida, How Long Can Police Hold Your Car in Impound?
In Florida, police may place a hold on an impounded vehicle for up to five days, excluding weekends and holidays, under Florida Statutes Section 323.001(1). If the investigating agency wishes to extend the hold beyond that period, it must provide written notification to the wrecker operator.
The statute further states that if no such notification is given within the five day window, the vehicle may be released to the owner or lienholder pursuant to Section 713.78. Additionally, if the hold is extended, the agency becomes responsible for storage fees beyond the initial five days.
Can the Police Search an Impounded Car?
In Florida, police are permitted to examine an impounded vehicle through an inventory search, but only when the search adheres to clear departmental guidelines and isn’t used to gather evidence unlawfully.
For example, if a driver is arrested for driving under the influence and there’s no one available to take custody of the car, the officers may impound the vehicle and perform a procedural check of its contents. Similarly, if a car is found abandoned or obstructing traffic, law enforcement can impound and document it following Florida Statutes Section 323.001.
However, if police seize a vehicle without a legitimate reason, such as one that is lawfully parked, or conduct a search without following standardized procedures, any items they find may not be admissible in court.
Can I Contest an Inventory Search for My Car?
Contesting an inventory search in Florida can be an important move in protecting your rights, especially if the search led to criminal charges. Florida lawyers often play a critical role in challenging the legality of a wrongful vehicle impoundment and the subsequent search.
They can assess whether law enforcement followed proper procedures, determine if the search was truly administrative, and file the necessary motions to suppress any unlawfully obtained evidence. If successful, this can significantly weaken the prosecution’s case or even lead to dismissal of charges.
A Florida criminal lawyer will be able to guide you through the legal process, ensuring your rights are preserved at every stage. They can investigate whether the department had a written inventory policy, whether officers adhered to it, and whether the impoundment itself was justified. Attorneys also often uncover procedural violations that aren’t obvious to the public, such as unauthorized searches of locked containers or deviations from standard protocols.
The following is a list of various different legal actions that an attorney and you can take to contest an inventory search:
- File a motion to suppress evidence obtained during the inventory search if it violated your Fourth Amendment protections
- Request discovery of the law enforcement agency’s written inventory search policy and procedures
- An attorney will be able to formally draft and serve the agency with legally sound discovery requests that ensure that any and all evidence is gathered to support your case
- Review bodycam or dashcam footage to determine whether officers followed proper protocols during the impoundment and search
- Challenge the legality of the impoundment, especially if the vehicle was lawfully parked or posed no public hazard
- Once again, the most common method of challenging the impoundment is by filing a motion to suppress evidence
- Cross-examine officers in court to expose inconsistencies or lack of adherence to departmental policy
- Argue that the search was investigative, not administrative, which can render the evidence inadmissible
- In Florida, you must be familiar with proper court procedures and criminal procedures when presenting and arguing your case
- Present case law precedents, such as Florida v. Wells, to support a motion for suppression of evidence from the unlawful searches
- Negotiate with prosecutors for dismissal or reduction of charges based on the strength of the suppression motion
- Advocate for your constitutional rights throughout the proceedings, ensuring due process is upheld
If you’re facing criminal charges stemming from an inventory search, having a knowledgeable attorney on your side isn’t just helpful, it’s often essential. As such, it is recommended to set up a legal consultation in Florida with a lawyer who can assist you in handling any issues that have arisen as a result of your vehicle being impounded. They can also assist you in handling any related criminal charges and answer any questions you may have.
Do I Need a Lawyer for Help With Impounded Car Issues in Florida?
As mentioned above, if you are having any issues related to your vehicle being impounded, especially if the issues are related to an illegally conducted search of your vehicle, it is essential to immediately set up a legal consultation with an experienced Florida criminal lawyer.
LegalMatch can assist you in locating an attorney near you who handles criminal defense cases with experience in handling issues related to an impounded car. An attorney will be able to evaluate your case and help you determine if a motion to suppress is necessary and an available legal remedy. They can also represent you at any in person court proceeding, as needed.
