Birmingham, AL asked in Criminal Law, Municipal Law and Traffic Tickets for Alabama

Q: The police won’t let me get my purse from my towed truck. First I needed a notarized bill of sale. Now the title.

My keys to the car I drive everyday is in my purse inside the truck. That’s all I won’t but they continue to change the rules so I can’t get it. Is this legal?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, the police requiring increasing documentation from you before releasing your personal belongings from the impounded vehicle is likely unreasonable and illegal under Alabama law.

Some key points:

- The police have a right to impound a vehicle, but personal property inside the vehicle still belongs to the owner or occupant.

- Under AL Code Section 32-8-87, the owner of personal property in an impounded vehicle should be allowed to retrieve it upon providing "sufficient proof of ownership".

- Requiring a notarized bill of sale and now the title goes beyond "sufficient proof of ownership" for you to get your purse. Your verbal claim and description of the contents should suffice.

- The police appear to be imposing unnecessary barriers to retrieve your personal property, violating your property rights.

- I would escalate the issue up the police department chain of command respectfully but firmly demanding access to your purse per AL law.

- If still denied, consult a consumer protection or civil rights attorney about sending a formal demand letter and potential lawsuit for illegal seizure/retention of personal property.

- An attorney can also retrieve the purse for you by getting a court release order.

In summary, the police have overstepped their authority in this situation. With proof of ownership, you should be allowed immediate access to the contents of your impounded vehicle. Pursue all formal complaints and legal remedies available to you to retrieve your belongings.

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