My son bought a power saw off someone a year ago. He was pulled over on traffic stop and was asked if they could search his vehicle. He said yes they found the saw. He was in his parking space at his apartment they took all his tools and impounded his truck. The case is going to trail and when asked to have his truck released was told it was not evidence but a civil matter and if wanted back he would have to file a civil suit against the police dept. Is thus legal.
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Shoplifting, Larceny, Robbery, Theft Receiving stolen property
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I have no idea what is going on. I'm guessing that the power saw was shoplifted and not "bought" from someone. He consented to a search of the vehicle after a routine traffic stop, which is odd. Then his belongings are seized but even items not being used as evidence are not released. My guess is that there is some other "encumbrance" or something that is preventing the release of the truck. Perhaps the civil matter has to do with fines that have been assessed and the truck being impounded. Without more, I can't even begin to speculate.
mightymoose
Moderator
Was there another reason for impound? Was he an unlicensed driver? If the vehicle was taken as evidence the police pay for the tow and storage until it is released. If it was not evidence then they need a legal reason to tow it. Check the tow paperwork and see what it says the reason for the tow was.
How long after it was towed did you wait to try and get it back?
How long after it was towed did you wait to try and get it back?
shrinkmaster
Well-Known Member
Ok either your not telling us the whole story or your son has lied to you. Nothing makes sense here! They dont search vechiles randomly. Furthermore your son bought saw over a year ago how would they know if it was stolen!? The whole impound issue is also confusing. Come back when you have all the info we cant help without it
mightymoose
Moderator
Searches like this are not at all uncommon. There was likely something about the driver, the vehicle, or the location that made the police suspect. Asking permission to search is a highly effective way to locate contraband because more often than not people consent to the search.
The saw likely had a serial number that identified it as stolen.
The possession of stolen property charge may be difficult to prove unless they can show the person in possession knew or should have known it was stolen. Having found the stolen saw there are a few explanations that could justify further searching, but the tow from the apartment complex sounds unreasonable. If it was not taken as evidence it possibly should not have been towed. A well made argument might have the police paying for the tow and storage.
More information is needed to sort out the tow, but the search was consensual and sounds legitimate. Short of an admission, proving knowledge that it was stolen may be difficult. I would bet something was said that made it an easy case to prosecute.
The saw likely had a serial number that identified it as stolen.
The possession of stolen property charge may be difficult to prove unless they can show the person in possession knew or should have known it was stolen. Having found the stolen saw there are a few explanations that could justify further searching, but the tow from the apartment complex sounds unreasonable. If it was not taken as evidence it possibly should not have been towed. A well made argument might have the police paying for the tow and storage.
More information is needed to sort out the tow, but the search was consensual and sounds legitimate. Short of an admission, proving knowledge that it was stolen may be difficult. I would bet something was said that made it an easy case to prosecute.
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shrinkmaster
Well-Known Member
I am having a hard time with Police having info (on hand) over a saw stolen over a year ago.
mightymoose
Moderator
If the saw had a serial number it would be easy. Police in the field simply give the info to dispatchers, or even use the computer in their patrol car, to check a database. It isn't any more complicated than identifying a stolen gun, or a car by VIN or a license plate. The catch is that most people don't keep track of serial numbers for such things, including home electronics, cell phones, computers, etc.
Some people do have that information and it helps greatly with identifying stolen items. There also could have been a unique owner applied marking that the police were familiar with.
Some people do have that information and it helps greatly with identifying stolen items. There also could have been a unique owner applied marking that the police were familiar with.
shrinkmaster
Well-Known Member
Ok what would flag this saw for them torun such a check on the odd event the serial number was documented and kept over a year?
mightymoose
Moderator
If the property is entered into a stolen property database I don't believe it is ever removed unless it is located.
What prompted them to search? Maybe the driver was shady looking... who knows? All that matters is that he consented to the search and they located stolen property. It really takes no time at all to do this. A response regarding stolen property can be given within a minute.
Also, it could be that the saw had some markings on it that made it obvious it belonged to someone else, or to a business.
On traffic stops that I have done I have taken the time to check serial numbers on ipods, uninstalled stereos, video games, etc. The reason for searching is typically because the car is full of shady looking crooks who don't know better than to refuse my request to search. I've located drugs on these consent searches but don't recall ever getting a hit on stolen property.
We can only speculate as to why the police asked to search, but no matter the reason, all that matters is that consent was apparently given. At that point it is a free for all until consent is withdrawn.
What prompted them to search? Maybe the driver was shady looking... who knows? All that matters is that he consented to the search and they located stolen property. It really takes no time at all to do this. A response regarding stolen property can be given within a minute.
Also, it could be that the saw had some markings on it that made it obvious it belonged to someone else, or to a business.
On traffic stops that I have done I have taken the time to check serial numbers on ipods, uninstalled stereos, video games, etc. The reason for searching is typically because the car is full of shady looking crooks who don't know better than to refuse my request to search. I've located drugs on these consent searches but don't recall ever getting a hit on stolen property.
We can only speculate as to why the police asked to search, but no matter the reason, all that matters is that consent was apparently given. At that point it is a free for all until consent is withdrawn.
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