Legal Question in Criminal Law in California

My son was recently arrested on a warrant in Orange County. He was sitting in his legally parked car on a suburban street. There was no other violation. Was it legal that the cop had his car towed? He went to sit in it at night just to get out of the house and away from his roommates, and to listen to some music. The cop assumed he was waiting for someone for a drug deal with no evidence to support this assumption. Cop searched car and came up with nothing, so I don't see a reason for having the car towed.

Asked on 2/23/19, 12:02 pm

2 Answers from Attorneys

Barney Gibbs Law Office of Barney B. Gibbs

Please call attorney Barney Gibbs at (714)838-9019 to talk about the incident.

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Answered on 2/23/19, 2:27 pm
Terry A. Nelson Nelson & Lawless

The 'stop' was stated to be on, and the arrest report will most certainly thoroughly detail, a suspicion of some covert or illegal activity to justify the stop. Once a stop is made, ID of the person is always checked for warrants. The record check showed a warrant. Thus the arrest. The tow was presumably conducted by policy of not leaving a vehicle unoccupied on the street after an arrest unless the arrestee claims he has someone coming immediately to whom the officer can legally and safely release the vehicle. You haven't described anything to indicate he has any strong complaint about the tow itself. He may have some defense to the stop, depending entirely upon the facts and circumstances. That is for his attorney to discuss and evaluate in the case, but the prime issue is the underlying case and warrant. If serious about hiring counsel to defend the case on which the warrant was issued, if the case is in SoCal, please contact me to discuss the facts.

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Answered on 2/25/19, 3:35 pm

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