Would a cop need a warrant for this?

[FDF12389]

Asking question for a friend:

So my town has a ordinance against keeping unregistered cars in the driveway, I have one sitting in the driveway with the cover on it. I was unaware of this ordinance until yesterday when a cop took the cover off my car and then went to the door and told me. He say that a passer-by called it in.

I plan on keeping the car in my garage when I finish dry walling it anyways, but were the officers actions legal to begin with? Would he need a warrant to remove the cover?

 

[ChAoTiCpInOy]

Maybe it was because the cover wasn't locked? I have no idea.

 

[RadiclDreamer]

I doubt it, if it were illegal for it to be there, he has reason to investigate.

 

[orakle]

IANAL, but I think he was in the clear. It's not exactly plain sight, but he's not breaking into your house and snooping around either.

 

[TwiceOver]

Park it on the lawn instead. Clearly that city is trying to become more redneck.

 

[Phoenix86]

Sounds very iffy, they generally cannot perform a search for a simply traffic violation (caught speeding != legal search of vehicle) unless they have further probably cause.

edit: quasi legal info: http://www.legalmatch.com/law-.../illegal-searches.html

Generally the police cannot search the car for a minor traffic infraction, but the driver and passengers may be searched for weapons as long as there is reasonable suspicion they are involved in criminal activity beyond the traffic infraction

 

[SonnyDaze]

Me thinks he wouldn't. But I'm not law enforcement nor am I a lawyer.

 

[minendo]

A repo guy can, why wouldn't a cop be able to?

 

[Turin39789]

Originally posted by: minendo
A repo guy can, why wouldn't a cop be able to?

The repo guy is employed by whoever actually owns the car. When he comes to take the car, it isn't yours.

 

[Dirigible]

Who cares about the cop?

Your task now is to find the snooping passer-by snitch (how did they know the car was unregistered?) and kill them. Otherwise everyone in your neighborhood will know you're a bitch and start punking you.

 

[Miramonti]

A passer-by called in a covered car? That's a load of BS imo.

 

[Kanalua]

wait...I'm more shocked that your "town" has an ordinance against unregistered cars parked on your own driveway!!!! Not the side f the road or on any other kind of public property, but on the privately owned land!!! This is a town ordinance, not a Home owners association rule? Sounds pretty draconian to me!

 

[brandonb]

Illegal search and seizure. Cops can't do anything on private property without consent, a warrant, or probable cause of a crime.

However, enforcing city code can be a crime, and the person on the road could be probable cause. However, I'm not aware of city code being a crime, like a misdemeanor, felony, etc. I don't think police can do much in that situation, as I'm not sure its a criminal offense.

 

[zerocool84]

Umm driveway is your property.........

 

[brandonb]

Originally posted by: zerocool84
Umm driveway is your property.........

Should be, but it isn't. The city can technically tow away the car at the owners expense and give fines for violation which would be added to your property tax. I just posted a P&N topic about the same thing about a city which can demolish your house if you are vacant for a year.

I just recently had a city ordinance violation for having my shed in my backyard on a trailer. They said the trailer was the offense, you can't have it in your backyard, it had to be in the garage. But I could not tow the thing away because I had to go through the neighbhors property to do so. So what could I do? It was trapped. (I towed it anyways without their permission)... But is that a violation in of itself?

 

[Iron Woode]

wow.

A police officer snooping around on private property looking for a violation is just plain illegal.

King of the castle is still used here. Without a warrant he cannot set foot on the property without the property owners consent except where it is reasonable to allow services such as mail, meter reading, etc; meaning he can ring your doorbell and ask to look around, but he cannot just start poking around on his own.

A similar issue happened last year out west when police illegally searched a man's house for a wanted suspect. That search was tossed out of court and the officers charged.

 

[woodie1]

What is happening to this country. Private property is just that - private. No one should be able to place a foot on your land without your permission except for the easements.

 

[sswingle]

Reminds me of the story about Toledo issuing tickets for cars parked on gravel driveways.

 

[lupi]

They couldn't search a trashcan that you had outside of your house unless it was taken to the street for collection day so don't know why they could search under a car cover.

 

[jTanked]

You are required to show your plate numbers on the cover, or through the cover, in most states. That's why you see plate numbers stenciled on some covers. If you didn't have that the cop had every right to lift the cover to expose the plates.

 

[bignateyk]

Originally posted by: jTanked
You are required to show your plate numbers on the cover, or through the cover, in most states. That's why you see plate numbers stenciled on some covers. If you didn't have that the cop had every right to lift the cover to expose the plates.

:thumbsup:

 

[Taughnter]

Originally posted by: Turin39789

Originally posted by: minendo
A repo guy can, why wouldn't a cop be able to?

The repo guy is employed by whoever actually owns the car. When he comes to take the car, it isn't yours.

Cops are not permitted to violate your constitutional rights, and if they (or other government agents) do so to the tune of illegal search and seizure, then the fruits of said "poisonous tree" are tainted. In other words, if they don't follow the rules, then they can't use the evidence against you.

A Repo man is not a government agent. If they invade your privacy you can take the appropriate action by calling police or suing them, but since they are actually recovering property that their employer owns, not you, they aren't doing anything wrong.

FYI search and seizure laws may vary by state, this is just a general answer to the question of what makes a repo guy different from police.

 

[bobross419]

Did the car overhang on the sidewalk? Most places consider sidewalk public property even though it is "on" your property...

 

[Taughnter]

Originally posted by: FDF12389
Asking question for a friend:

So my town has a ordinance against keeping unregistered cars in the driveway, I have one sitting in the driveway with the cover on it. I was unaware of this ordinance until yesterday when a cop took the cover off my car and then went to the door and told me. He say that a passer-by called it in.

I plan on keeping the car in my garage when I finish dry walling it anyways, but were the officers actions legal to begin with? Would he need a warrant to remove the cover?

Its really a little complicated. I don't know where your friend lives, and without knowing that its difficult to know what standards to apply to this "search". Honestly, even if I did know, I'd still suggest you have your friend talk to someone local with ALL of the details.

For starters, the layout of your friend's property may be a big deal. See http://en.wikipedia.org/wiki/Curtilage

Also note that that is a very general reference and each State may have more protections for individuals. For instance, in some states police may go through your trash left at the curb, whereas in other states that is not permitted. Also, whether the officer needed a permit could depend on a variety of things which I don't think anyone here is qualified to answer. (i.e. the level of the offense, what facts the officer knew, and various other factors)

It seems like your friend got a warning anyway. Lets assume the cop's actions were improper, what recourse would your friend expect? Usually if the search is bad, the evidence can't be used against you, but as far as I can tell he's not charged or fined yet.

Bottom line: Reasonable expectation of privacy - did your friend have it? (key word being reasonable) I honestly don't know, but I think you could make arguments going both ways.

Disclaimer: Don't think its necessary but this is not legal advice for the OP or anyone else. Search and Seizure is pretty fact specific and the rules vary by state. I don't even know all of the search and seizure rules in my own state anymore without refreshing myself on the subject, so consider the above some thoughtful comments and nothing more.

 

[JeffreyLebowski]

Originally posted by: jTanked
You are required to show your plate numbers on the cover, or through the cover, in most states. That's why you see plate numbers stenciled on some covers. If you didn't have that the cop had every right to lift the cover to expose the plates.

Except he went on to private property to do so. Tell them to ticket you so you can take it to court. When you win in court you sue their asses off and file criminal trespass charges against the officer and the city.