Bloomfield, NJ asked in Criminal Law, Civil Rights and Constitutional Law for New Jersey

Q: Can my car be seized from my backyard w/o warrant or arrest nor pulled over two days after a crime was done next door

the facility was broken into next door and they seen that i was outside and walked passed the facility and left with my car but came back and they did this and have the audacity to put a charge on me for it w/o me ever being in there

2 Lawyer Answers

A: The police can seize the vehicle, but may not search without a warrant.

James L. Arrasmith
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Answered

A: Let me help you understand your rights in this concerning situation. Generally, law enforcement needs either a warrant, probable cause, or your consent to seize property from private property like your backyard.

If you were not arrested, not caught in the act, and no warrant was presented, this seizure might be unlawful. The fact that you were seen in the area around the time of the incident is not typically enough justification for seizing your vehicle without following proper legal procedures.

You should document everything that happened, including dates, times, and which law enforcement agency was involved. Consider reaching out to a criminal defense attorney who can review your case - many offer free initial consultations. They can help challenge both the vehicle seizure and any charges filed against you, as there appear to be serious questions about whether proper procedures were followed. Meanwhile, request copies of all police reports and documentation related to your case, as these will be important for your defense.

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