Is This Legal?

[MrCoffee]

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.

[Tech]

Re: Is This Legal?

dude, I never forget to take my little green bag of goodness with me.

[joshbrown38]

Re: Is This Legal?

I teach Government/Law, and History; I hear these types of questions all the time from my H.S students. I am not 100% sure about it; if you are parked illegally, you are committing a crime, and probable cause is there. Police do not need a warrant to search your car, just PC. I would assume, since they are not searching your car; they are just popping the brake, and that you are committing a crime, that they can do it. I have to say though I don’t like the idea of someone messing with my car; I guess that’s why I don’t park it illegally.

[MrCoffee]

Re: Is This Legal?

granted I may be commiting a crime, however, a non officer of the law should not have the authority to enter my car, even for the sole purpose of preventing damage to my car.

The drugs and stuff I just added for futher investigate the legallity issues, they are present in the real circumstance.

[joshbrown38]

Re: Is This Legal?

All I can tell you is check your local law; these laws will be different in every state. I am guessing you will find that T.T. drivers have been granted the right to enter. Write a letter to your local Rep. and state your distain; that’s what great about our system.

[slow6]

Re: Is This Legal?

money & power > reading a note some kid sent them

[Smoke Panther]

Re: Is This Legal?

Tow truck drivers aren't law enforcement officers, and the Amendments in the Bill of Rights only apply to government agents/officers...therefore, so long as you're parked illegally, they can go ahead and do w/e they want to your car with virtually no oversight.

[hockeyman]

Re: Is This Legal?

Not sure of other states but here in Philly/PA, it goes;

A towtruck driver can gain access into a vehicle to disengage the e-brake only upon towing a vehicle. If he happens to see any type of narcotics or firearm in "plain view", he should call police and they would make the arrest by waiting for the operator to return. Anything that's recovered in the glovebox, under the seat, trunk, etc. can and will be thrown out in court because without probable cause, it violates the Constitutional Rights of the owner or operator. The person will not get any of the illegally obtained items back, but he/she cannot be prosecuted by law for them because they were illegally seized by whomever.

[Smoke Panther]

Re: Is This Legal?

Not sure of other states but here in Philly/PA, it goes;

A towtruck driver can gain access into a vehicle to disengage the e-brake only upon towing a vehicle. If he happens to see any type of narcotics or firearm in "plain view", he should call police and they would make the arrest by waiting for the operator to return. Anything that's recovered in the glovebox, under the seat, trunk, etc. can and will be thrown out in court because without probable cause, it violates the Constitutional Rights of the owner or operator. The person will not get any of the illegally obtained items back, but he/she cannot be prosecuted by law for them because they were illegally seized by whomever.

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

[MrCoffee]

Re: Is This Legal?

Tow truck drivers aren't law enforcement officers, and the Amendments in the Bill of Rights only apply to government agents/officers...therefore, so long as you're parked illegally, they can go ahead and do w/e they want to your car with virtually no oversight.

They apply to every US citizen not just a particular group... ie law enforcement

[Mike88]

Re: Is This Legal?

Everyday I see tow trucks removing illegally parked vehicles at a shopping mall parking lot near a bus terminal where I park my car to go to school. They never bother to remove the parking brake and they just reel the car out of the spot, dragging it without any concern for the car. I'm not sure about State law in the US but, I guess that's the way its done here in the Province of Quebec in Canada.

They also recently passed a law here saying that tow truck operators may only move the vehicle in violation to a place within walking distance, no more than 1-2 kms from the original spot, and have to be able to collect towing fees and fines by credit card over the phone. For once they're creating laws that protect the little guy.

[Smoke Panther]

Re: Is This Legal?

They apply to every US citizen not just a particular group... ie law enforcement

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

[ssms5411]

Re: Is This Legal?

In AZ, the only person that can legally tow a vehicle is a sworn police offficer, after towed the officer has to do a inventory search of the vehicle and whatever illegal items that are found are admisable, this is only if the person has been arrested and their vehicle needs to be moved. Now if somone parks in front of a private residence and the owner of the residence calls a tow truck to have it towed and no police are involved, it would be the resident at fault for towing it illegally. Also the tow truck company can't bill a person if a non-sworn person has your car towed.(I think almost all tow truck companys know this now in AZ). You just ask the tow truck company who towed your vehicle and if it wasn't a police officer they can not under state law bill you for the tow or any impound fees. So pretty much everyone calls the police if they want a vehicle towed.
Also tow truck companys do not need to take the brake off , they can drag the vehicle up on their truck. I've seen this with a SUV parked sideways in front of an entrance with a gate(which had a NO PARKING sign and the people inside could not get out. So time for some towing, the tow truck driver first pulled the rear out to get it alligned with his truck, then dragged that SUV up on his truck. Pretty cool.

[Fireball27]

Re: Is This Legal?

I think the real advise here is just to watch where you park. Having your vehicle towed is just not worth that parking spot (even if its totally bogus).

[joshbrown38]

Re: Is This Legal?

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

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

Just because you are not a part of the government does not give you free reign to do what you want. A private security guard cannot just detain you and seize your stuff; that would violate state and local laws.