Stockton, CA asked in Civil Rights, Constitutional Law and Municipal Law for California

Q: Can I get my van from the tow yard with waiving it cause I'm homeless and the towed my home.it was registered insured.

I just want to know if I can have my towing and storage fee waived because I am homeless.i don't even know why my stuff was not allowed for me to take my belongings from my home before it was towed.i was also curious about my rights being violated.they searched me and told me to sit by the wall with my hands behind my back.i wasnt under arrest or being detained so why did they treat me like a criminal.they wouldn't even let go in my vehicle

2 Lawyer Answers
James L. Arrasmith
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Answered

A: I understand that you're facing a difficult situation with your van being towed. Losing your home and personal belongings can be incredibly stressful, especially when you're unsure about the reasons behind the towing and how you were treated during the incident.

In some areas, there are programs that assist individuals experiencing homelessness with issues like towing fees. It might be helpful to reach out to local social services or nonprofit organizations in Stockton to see if they can offer assistance or guidance. They may know of resources or programs that can help you recover your van or at least retrieve your personal belongings.

Regarding how you were treated during the incident, connecting with a legal aid organization could provide clarity on whether your rights were violated. They can offer advice on what steps you might take next. You're not alone, and there are people and organizations that can support you through this challenging time.

A: I'm sorry to hear about what you’re going through. In California, getting your towing and storage fees waived due to homelessness is possible in some cases, but it’s not automatic. Many cities and counties have programs or fee waiver options for low-income individuals or people experiencing homelessness, especially if your vehicle is essential for your shelter. You would need to check with the tow yard and possibly the local police department to see if there’s a process to request a fee waiver or reduction based on your circumstances. You should also ask about retrieving your belongings—tow companies are generally required to allow you access to your personal items even if you can’t pay the towing fees right away.

Regarding how you were treated, if you were not under arrest or being detained and the officers searched you and restricted your movement, it’s understandable to question whether your rights were violated. In general, law enforcement officers need a reason, like suspicion of a crime, to search you or limit your freedom to move. If they didn’t explain why they were doing this, or if they overstepped their authority, you could potentially have grounds for a civil rights complaint. It may be helpful to consult with a lawyer or local legal aid services to discuss the details and figure out your next steps, both for getting your van back and addressing any rights violations.

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