In some criminal cases, officers impound a suspect’s car after they conduct a traffic stop. Is this allowed? When can an officer impound a suspect’s vehicle under the law in New York? Recent case law helps clarify the answer to this very question.
The standard under New York case law says the following:
“When the driver of a vehicle is arrested, the police may impound the car, and conduct an inventory search, where they act pursuant to reasonable police regulations relating to inventory procedures administered in good faith.”
What does this mean? In essence, the police are allowed to impound a car when the driver is arrested and when they impound it according to their office’s regulations. These regulations can vary among police departments, but the case law encourages officers to act “in good faith” when deciding whether or not to impound the vehicle.
By way of example, in a recent case before the New York Appellate Division, Third Department, the court decided that police officers did not have reason to impound a suspect’s car when the officers said they impounded the vehicle for “safekeeping.” In the case at issue, the officers had stopped a suspect for a traffic violation, but they had found a handgun and drugs in the car after initiating the traffic stop. The officers then impounded the vehicle after arresting the defendant because, according to the officers, they did not want to leave the car on the street where it could be vulnerable to a break-in.
The court determined this reasoning was not sufficient under the department’s police regulations. The relevant regulations, said the court, were clear: an officer should provide “reasonable” safekeeping of a car but should also explore alternatives to having the vehicle towed. In this case, the officers immediately jumped to impounding the vehicle before considering any other options to keep the car safe from break-ins. Thus, the car should not have been impounded in the first place.
If an officer has impounded your car following a traffic stop in New York, you have rights under the law that you need to consider. By contacting a New York vehicular crimes attorney, you can ensure your rights are protected and that you are pursuing every avenue of relief available to you.
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