Asked in Civil Rights and Constitutional Law for South Carolina

Q: Police towed a vehicle I was in possesíon of my private ptoperty

On June 4 th my friends truck broke down on the way to work so. I told him to pull it off my part of the private road on the grass of my private property about 5 feet.so I could work on it .I took possesíon of ios keys and truck told him it b fine .within 8 hrs a deputy comes out searches the vehicaland has it towed(I have a video of it) the tow company wants 1800 to get it out .my friend gave me the bill saying I should pay it since it was in my possession. And it put a struggle on him getting back and forth to work (walking.paying Uber).. am I liable for getting his truck out.why was my property searched and towed to or no reason.can I sue for the violation of my rights and how can I get his truck back.i don't have money like that laying around

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

A: It sounds like a difficult situation. First, regarding liability for the towing fees, since you offered to let your friend leave the truck on your property, there might be an argument that you assumed some responsibility. However, the legal obligation typically remains with the vehicle owner. You might need to discuss this with your friend to find a fair solution.

As for the search and towing of the vehicle from your private property, police generally need probable cause or a warrant to conduct a search without your permission. If you believe your rights were violated, you can consider filing a complaint with the police department or consulting with a legal aid service to understand your options better.

To retrieve the truck without the funds, you could try negotiating with the tow company for a payment plan or reduced fee. Additionally, exploring community resources or legal aid organizations might provide assistance. Keeping communication open with your friend and seeking legal advice are key steps moving forward.

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