The answer to the question, when can police impound a car?, is in certain situations in Texas. A car is often a person’s lifeline for completing their everyday tasks, such as caring for family and going to work.
When someone’s vehicle is impounded by law enforcement, it can cause them a great deal of inconvenience and stress. There are numerous reasons why law enforcement may impound someone’s car.
Whether a car can be legally impounded will typically depend on the specific circumstances of the situation. In general, law enforcement cannot impound a car just because it is involved in a routine traffic stop.
In addition, cars cannot usually be impounded if a car has been illegally parked for a short time. There are three main situations in which a vehicle may be impounded, including when it was involved in a crime, when it is evidence in a crime, and for public safety reasons.
The vehicle was involved in a crime
When a car is involved in a crime, it can be impounded by police. This is usually done because it would not be safe to leave the car on the side of the road.
If the driver of the car was arrested for driving under the influence (DUI) or driving with a suspended license, they would not have the ability to move their car to a safer location.
The vehicle is evidence of a crime
Although this is less common, a car could be evidence of a crime. In many states, law enforcement can impound a vehicle if it is used when reckless driving, in a vehicular manslaughter, or to assault someone.
In some situations, law enforcement may suspect that evidence is inside the car. In these situations, it may be impounded to search for or remove evidence that could not be removed at the scene.
Public safety
A vehicle can be impounded by law enforcement if it appears to be abandoned, is parked in an unsafe area, or poses a threat to public safety. To find out more about the reasons why a vehicle may be impounded, it is important to have a legal consultation in Texas.
What Does It Mean When the Police Impound a Car?
Impoundment of a vehicle is a legal process where someone’s car is placed into a vehicle impoundment lot. This type of lot is a place where cars are held until they are given back to their owners.
One of the most common reasons that vehicles are impounded is when the driver is arrested for a traffic violation, such as a DUI. If the driver does not have anyone who can drive their car for them, it may be impounded.
There are also other examples of situations in which law enforcement may impound a car, including, but not limited to:
- Driving a vehicle that is not registered
- Driving a vehicle that is not insured
- Careless driving
- Organizing, promoting, or participating in drag racing
- Evading the police
- Driving without a license
- Driving with a suspended license
As noted above, a car can also be impounded even when a crime has not been committed, such as when it is a danger to public safety.
In Texas, How Long Can Police Hold Your Car in Impound?
In the state of Texas, the length of time that law enforcement can hold a person’s car in impound will depend on the reason why it is there. If it was impounded due to a traffic violation, it will only be impounded until the owner pays any fees and gets the car.
When a vehicle is impounded because it is evidence in a criminal investigation, it can remain there for weeks or months. If charges are not filed, the vehicle should be returned to its owner.
If charges are filed, the vehicle can be held until the criminal case is resolved. A car owner’s Texas lawyer may be able to file a motion in court to release their vehicle.
It is important for a car owner to know that there may be storage fees for the days when the vehicle is in impound. Because of this, if charges are not filed, an individual should get their car as soon as they can to avoid additional costs.
If someone’s car was impounded because they were arrested, such as for driving without a license, the car can be impounded for at least 30 days in Texas. If a car is impounded in relation to a search warrant, a court order may be required to get the vehicle released from the impound.
Can the Police Search an Impounded Car?
The circumstances of the situation will determine whether law enforcement can search a car that has been impounded. It is common for cars to be searched when impounded and the contents cataloged.
During these searches, police are not looking for evidence of a crime. Instead, they are simply documenting the contents of the car.
This protects law enforcement from hidden dangers that are in the car as well as being accused of theft. These types of inventory searches do not require warrants or probable cause.
How thoroughly the car can be searched will depend on the Texas jurisdiction. Some will allow law enforcement to search the entire car while others only allow a sweep of plain view items for inventory purposes.
Texas lawyers can help their clients understand the laws governing car impounding in their state.
Can I Contest an Inventory Search for My Car?
It may not be possible for someone to contest an inventory search of their car before it occurs. If, however, law enforcement impounds a car and finds evidence of a crime, and the owner is charged with a crime, they may be able to contest a search.
If the owner is successful, any evidence found in the search of the car will not be admissible in court. Car owners should know that, when they contest an inventory search, they will need to show that law enforcement acted in bad faith or unreasonably.
This may occur, for example, if an officer violated the law purposely in order to impound and search the vehicle. If evidence was obtained as a result, it would not be admissible in court. Honest mistakes, however, are not enough to win arguments against inventory searches.
Do I Need a Lawyer for Help With Impounded Car Issues in Texas?
If your car has been impounded by Texas law enforcement, you should consult with a Texas criminal lawyer as soon as you can. Your Texas lawyer will be able to give you advice about your legal options and rights.
If you think your vehicle was impounded unjustly or illegally searched in Texas, a lawyer can help. You can use LegalMatch in as little as 15 minutes to find a Texas criminal lawyer who can help you with your impounded vehicle issue.
There is no cost to use the lawyer matching services provided by LegalMatch, and you are not obligated to hire any of the lawyers who respond to your submission. The responses you receive will be from licensed and pre-screened Texas criminal attorneys who are interested in helping you resolve your issue.
