Is This Legal?

[HokieBird]

Re: Is This Legal?

Tech Tow?

I hate them more than words can describe...

[Smoke Panther]

Re: Is This Legal?

This was true prior to 1868 and the passage of the 14th Amendment; The 14th Amendment stated that no state can violate you rights, not just the federal government.

The Bill of Rights is the first 10 amendments, not all of them. Furthermore, the 14th amendment deals more with Due Process and equal protection. And anyways, tow truck drivers that work for private companies aren't agents of the state

Any Federal decision/Amendment must be obeyed by all states.

That's the preemption doctrine, derived from the Supremacy Clause(Article 4) of the Constitution. It's not found in the Bill of Rights or the other amendments.

Just because you are not a part of the government does not give you free reign to do what you want.

Of course not, and that's not what I said. If you'll read my post, I said

So, for instance, if a security guard of a private corporation decides to search you and seize all your stuff for no apparent reason, the BoR won't protect you in court...yea, you can sue him for other stuff, but you won't be able to stick him for a 4th amendment violation

A private security guard cannot just detain you and seize your stuff; that would violate state and local laws.

which is why i said....

whoops...yea, i was speaking strictly to federal laws; state statutes may say something about tow truck drivers and what they can/can't do

[joshbrown38]

Re: Is This Legal?

Wow someones been on Wikipedia tonight. I think you should look deeper at the 14th though.

[Smoke Panther]

Re: Is This Legal?

Wow someones been on Wikipedia tonight.

Just because I know something about the Constitution means that I went to a weak source like Wikipedia?

I think you should look deeper at the 14th though.

Why? It doesn't apply to tow truck drivers who work for independant companies

[joshbrown38]

Re: Is This Legal?

I never said it did. you need to re read your posts.

[lambo101]

Re: Is This Legal?

This does not pertain to me (since I totalled my car and am holding out to buy a new one). However, my friends and I are having this discussion about tow truck drivers. Lets say you park and for whatever reason are going to get towed. Is the tow truck driver allowed to 'break' into your car if he sees your emergency break is pulled up? It makes sense so that they are not reliable for any damage to your breaking system or tires, but I cant see how thats still not breaking and entering. Also, lets say it is legal for them; how come police need a warrent to search your car without probable cause? Again if it is legal for a tow truck driver to break into your car for the purposes of disengaging the brake, what if they find incriminating evidence particularly something not in plain site?

A friend got her car towed and the driver said he entered her car to release the brake... but thats it. Does not make sense to me at all.

The person to blame is the person who parked illegally. I mean, you gotta look at your choices here:
A: The guy gets into the car to release the brake, then tows it.
or
B: The guy tows it with the ebrake on.

Which would you prefer?

[Xian]

Re: Is This Legal?

It might not even be a State law - it could be a local regulation or city ordinance. But towing is something that has got to be done, and laws and regulations to keep the towing companies who perform the service out of court are a necessity. The rules are sure to vary from place to place, depending upon what the locals think is right and fair - but don't think you're going to fight City Hall, the County Council, or the State House and win, unless you actually come across a really STUPID tow truck driver who doesn't know and carefully obey the rules.

[Smoke Panther]

Re: Is This Legal?

you need to re read your posts.

yea, considering I had to quote myself twice when responding to you, I think I'm pretty familiar with my posts. I just hope your attention to detail is much higher when dealing with your students than it has been in this thread

[MrCoffee]

Re: Is This Legal?

yea, considering I had to quote myself twice when responding to you, I think I'm pretty familiar with my posts. I just hope your attention to detail is much higher when dealing with your students than it has been in this thread

Easy man, its all good

[MrCoffee]

Re: Is This Legal?

Tech Tow?

I hate them more than words can describe...

Radford Univ... but I still share your hatred

[MrCoffee]

Re: Is This Legal?

Thanks for the help everyone. Evidently, it is more than legal; it is required for the tow truck driver to make sure anything that may prevent them from towing, or cause damage to your car while in tow, is disengaged. I do not exactly understand it, but the bottom line is that it is legal. At least in Radford VA. I dont know how local the law is, could be state I guess.

[joshbrown38]

Re: Is This Legal?

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” 14th Amendment


Fist off I never said the 14th amendment was part of the Bill of Rights.
What I was saying is that the 14th amendment just insures that the rights guaranteed to us in the first ten amendments cannot be infringed on by local or state governments.

So… The Bill of Rights not only effects what the Federal Government can do, but also state governments as well.

“That's the preemption doctrine, derived from the Supremacy Clause(Article 4) of the Constitution. It's not found in the Bill of Rights or the other amendments.”

I never said it did; re-read the 14th Amendment; it is similar to the Supremacy Clause

I never attacked you personally, and the fact that you went that route says allot about you.

[Smoke Panther]

Re: Is This Legal?

Fist off I never said the 14th amendment was part of the Bill of Rights.

then why'd you bring up the 14th Amendment in response to something I said about the Bill of Rights?

No...see, the Bill of Rights doesn't really apply to its citizens...at least not directly. The Bill of Rights says what the Federal government can and cannot do.

This was true prior to 1868 and the passage of the 14th Amendment; The 14th Amendment stated that no state can violate you rights, not just the federal government.

What I was saying is that the 14th amendment just insures that the rights guaranteed to us in the first ten amendments cannot be infringed on by local or state governments.

...which private corporations are not part of.

So… The Bill of Rights not only effects what the Federal Government can do, but also state governments as well.

for the fifth time in this thread, most tow truck drivers do not work for the state in any way, shape or form.

I never said it did; re-read the 14th Amendment; it is similar to the Supremacy Clause

"Similar" does not equal "interchangeable," especially in the realm of government and public affairs.

I never attacked you personally, and the fact that you went that route says allot about you.

I'm not worried about that; your negligence to detail says even more

[joshbrown38]

Re: Is This Legal?

I deal with teens that feel they know everything all day, I am not going to deal with it here. I showed your post to the local District Attorney, and he laughed; I am going to take his advice and stop wasting my time with you.

[slow6]

Re: Is This Legal?

I also concur that I hate tow truck drivers worse than words can describe. Even if they are "just doing their job" ;)