Q: I am needing case law authorizing police to seize a tool of a crime; i.e., a car from fleeing or a car used in a theft.
Officers watch a shop lifter walk from the store they stole from and towards their vehicle. They are apprehended with said stolen items prior to being at their car; however, believing the car contains other fruits of a crime, they tow it to secure the evidence which would later be searched after a warrant is secured.
Secondly, a car flees from a traffic stop. A report is filed and a broadcast is made. A week later, another officers sees said car parked at a private lot. Which case law would authorize the officer in towing that car for evidentiary purposes?
I believe the 4th and 14th would allow for these seizures; however, I am looking to see if this has been challenged and the result of said challenge.
A: There are hundreds of search and seizure cases out there, published and nonpublished. This forum would not work. If you have a criminal charge then hire an attorney to move to suppress evidence for an illegal stop/seizure.
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