As for the question of when police can impound a car, police and other law enforcement officers in New York can impound a car for several reasons recognized in federal and New York law. For example, law enforcement can impound an individual’s car if they have been subject to a traffic stop and then arrested for driving under the influence of alcohol or controlled substances (DUI).
Law enforcement can impound a person’s car because it was involved in other crimes and is part of a criminal investigation. For example, if a person has been involved in a car accident that resulted in a fatality and they are under investigation for a possible criminal charge, e.g., vehicular manslaughter, their car is likely to be impounded.
Or, if the police find that a person has been driving with a suspended license, they would not allow the person to drive away after having been cited. They would impound their car, because they are not allowed to drive without a driver’s license.
Generally in New York, the law allows a vehicle to be impounded when its registered owner has committed some kind of civil or criminal violation and has not complied with the punishment. For example, the owner may have been ordered to pay a fine and did not pay it.
In some cases, police can hold an impounded vehicle for as many as 30 days. However, if a person’s car has been towed, they have the right to a hearing to ask for a release before 30 days have passed. A legal consultation in New York would help a person understand towing and impoundment of vehicles in that state.
What Does It Mean When the Police Impound a Car?
When police impound a car, they hold onto it, keeping it parked in a law-enforcement-controlled garage or parking lot. For example, if the police tow a person’s vehicle because they believe it is itself evidence of a crime or contains evidence, they can place an “evidence hold” on it and store it in a garage or lot that is under their control.
If law enforcement places an evidence hold on their vehicle, the individual does not have to pay for towing or storage; law enforcement must absorb the associated costs.
If a citizen of New York state should find that their vehicle is missing, they may be able to visit certain websites where they can enter the state and number of the vehicle’s license plate and the type of vehicle. A search of the local government’s database of towed vehicles is then performed. If the search yields a “No Towed Vehicle Found” message, this means either that law enforcement did not tow the vehicle, or that the vehicle has not yet been added to the database.
In that case, the vehicle owner should call the law enforcement non-emergency number, 311. Local law enforcement could help the person locate their vehicle and where it might be if it has been towed. Of course, a person can also contact a New York lawyer who could help them find their car and if it has been impounded, get it back.
In New York, How Long Can Police Hold Your Car in Impound?
When an impounded vehicle has been in the custody of local law enforcement for 30 days, law enforcement must identify the owner and any lienholder. They must send them notice at their last known address by certified mail, return receipt requested of the fact that the owner and/or lienholder need to retrieve the vehicle within 30 days from the date notice is given, or it will be forfeited, i.e., lost to the owner.
If the vehicle is not retrieved by the owner or a lienholder within 30 days, they will be given 10-days notice of a hearing that will be held before the court enters a decree of forfeiture.
If at the hearing, the court concludes that forfeiture of a motor vehicle is warranted, it enters an order decreeing forfeiture of the vehicle. The court may authorize release of the vehicle to the owner or lienholder if one or both of them appear and show good cause as to why they failed to retrieve the vehicle before the hearing.
If the court orders release of the motor vehicle to the owner or a lienholder, and then they do not, in fact, redeem it within 10 days from the date of the order, the vehicle will be considered abandoned. If the local authority that has possession of the vehicle applies for forfeiture, at this point, the court must order forfeiture of the vehicle. The local authority then becomes the owner of the vehicle.
Can the Police Search an Impounded Car?
When law enforcement impounds a car, they conduct what they call an “inventory search” of the car. They create an inventory of the car’s contents with the ostensible goal of protecting the owner’s property that is inside the car. Supposedly, this protects the car owner’s property and ensures that law enforcement is not liable for property that the owner might claim to be missing.
However, the legality of an inventory search in New York is questionable. In a recent case, an appeals court decided that police officers did not have sufficient justification to impound a suspect’s car when they said it was impounded for “safekeeping.”
In the case in question, the police had stopped the vehicle as they suspected a traffic violation. In searching the car after the stop, which was legal, they discovered a handgun and drugs in the car after initiating the traffic stop. The officers arrested the driver and then impounded the car because they did not want to leave it on the street, it could be broken into or stolen.
The court said that this reason was not sufficient justification under the department’s police regulations. The court stated that the department’s own regulations required the officers to explore alternatives to towing the vehicle. Thus, the car should not have been impounded in the first place.
This case shows that local law enforcement regulations, and county and municipal laws and policies may determine when law enforcement may impound a car and then whether they may search it.
Otherwise, according to federal constitutional law, the police may search a person’s vehicle under the following circumstances:
- Search with a search warrant: In New York, police can always search an individual’s vehicle if they have a valid search warrant. They are restricted to searching only within the scope described in the warrant. In order to be valid, a warrant must show the following:
- The signature of a judge,
- The reason for which it is based on probable cause,
- A specific description of the vehicle to be searched,
- A description of the property or thing for which law enforcement is searching.
Police can also search an individual’s car without a warrant in the following situations:
- Consent: Police can search the car if the owner consents to the search.
- Probable Cause to Search: In New York, police may search a person’s car without a warrant if they have probable cause to believe a crime has been committed and the car holds evidence of that crime. This is referred to as the “vehicle exception.” There are two justifications for this exception to the warrant requirement, as follows:
- Cars can be moved away quickly, so evidence could be lost during the time it takes law enforcement to leave the scene of a stop to obtain a warrant.
- In addition, people have a reduced expectation of privacy in their car as compared to their home.
Probable cause can be based on such things as the following:
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- The police have received reliable information, such as a report from a known informant, that there is evidence of a crime in a car.
- The vehicle is located in a high-crime neighborhood.
- The police can personally see Illegal actions or items “in plain view” in the vehicle.
- Search Incident to Arrest: If a person who is the occupant of a vehicle is being arrested on the spot by police, the police are allowed to search the car without a warrant. In a search incident to an arrest, however, the police may only search the occupant and the area that is within their immediate control. They may also search an occupant for weapons if they are justifiably detaining them, even without arresting them.
If the police wanted to search the vehicle beyond the area within the immediate control of an occupant, they would need to get a warrant. Or they might be able to conduct an impoundment search after impounding it. Much would depend on the circumstances.
- Search in Exigent Circumstances: If law enforcement sees a car that contains contraband or the victim of a crime, they may stop the car and search it. A search in exigent circumstances is allowed by law when there is an immediate threat to the safety of a member of the public or evidence of a crime could be lost.
The vehicle exception allows law enforcement to search the whole vehicle, including the trunk, the glove compartment, and closed containers in the car, e.g., briefcases, suitcases, boxes, and bags.
Containers in the car can only be searched if it is reasonable to think that the item the police are looking for would be in the types of containers that are searched. So the police would not be able to open a prescription medication bottle to search for a gun.
Can I Contest an Inventory Search for My Car?
If the police make an unlawful search of a person’s vehicle, they can ask the judge to exclude any evidence found in the search or as a result of the search by filing a motion to suppress the evidence at their trial. If the judge agrees, the D.A. may be forced to dismiss a defendant’s case, because they cannot prove the defendant’s guilt without the suppressed evidence.
If the police conduct an additional search without a warrant while a car is impounded, the owner could challenge the legality of the subsequent search on the grounds that the police should have obtained a warrant. As there was no danger that the car would disappear quickly, the police had time to get a warrant. Thus, if they did not have one, the search was not justified.
Do I Need a Lawyer for Help With Impounded Car Issues in New York?
If your car has been impounded and you are not sure what your rights are, you want to consult a New York criminal defense lawyer. Your lawyer can review the facts of your situation and tell you if you have grounds to challenge the impoundment of your car, and if not, when and how you can expect to get your car back. Your attorney can help you deal with the impoundment and any negative consequences that may follow from it.
