Can Police Seize an Abandoned Vehicle That is Parked Legally?

Parked vehicles are often seized by police for various reasons. However, the legality of seizing a parked vehicle that appears to be abandoned but is currently parked legally can vary significantly depending on local laws and circumstances. Understanding the specific laws and circumstances can help clarify the legalities.

The Legal Basis for Vehicle Seizures

No, police cannot simply seize a parked vehicle that is parked legally without a valid reason. Vehicle seizures are generally permissible when the police have a lawful reason or a warrant. They can also seize vehicles if the driver is suspected of illegal activities such as DUI, driving on a suspended or revoked license, or lacking a license at all. Additionally, there are other situations in which a vehicle can be legally seized, such as suspected involvement in a crime or when the vehicle is obstructing traffic.

Common Reasons for Vehicle Seizures

While this list can become extensive, there are key scenarios where vehicles are commonly seized by the police:

Involved in a Crime: If the vehicle is suspected to be involved in illegal activities, it may be seized as evidence. Abandoned: Vehicles that have not been moved for an extended period (e.g., 72 hours) may be considered abandoned and subject to seizure. Obstructing Traffic: Vehicles that block access to bridges, roadways, driveways, or railroad tracks can be seized to clear traffic. Unpaid Parking Tickets: Accumulated unpaid parking tickets can lead to the seizure of the vehicle, especially if they have exceeded a certain threshold. Expired Registration: Vehicles with expired registration that have been parked for more than six months may be impounded for safety reasons. Continuous Alarm Sound: Vehicles with continuous alarms that disturb the area may be seized.

Legal Framework for Vehicle Seizures in California

California, like many states, has specific vehicle codes that provide police with the authority to seize vehicles in various situations:

5 or More Unpaid Parking Tickets: If a vehicle has accumulated five or more unpaid parking tickets, it may be seized. Expired Registration 6 Months: A vehicle with expired registration in excess of six months may be impounded. Blocking Bridges, Roads, Driveways, or Railroad Tracks: Vehicles obstructing these areas may be seized. Abandoned for 72 or More Hours: Vehicles left unattended for this long may be towed according to California Vehicle Codes 22651k and 22669. Continuous Alarm Sound: Vehicles that continuously sound alarms, contributing to public disturbance, may be seized. Reported as Stolen: If a vehicle is reported as stolen and is in a public or private location, it may be seized.

Closing Thoughts

Vehicle seizures can be a complex and legally nuanced issue. While parked cars are frequently seized due to violations of parking laws, obstructing traffic, or suspicion of criminal involvement, the legality often hinges on the local laws and the specific circumstances of each case. It is always advisable to consult local laws or seek legal advice to ensure accuracy and awareness for your particular situation.