Thursday, June 20, 2013

Can a Cop Tow Your Vehicle From Your Driveway?

OFF THE WIRE
Submitted by Noah Free
I’m in Orange County Vidor, Texas and my license is suspended, but I do have current insurance, registration, and inspection. I got pulled over for allegedly failing to yield, failing to signal a lane change by Vidor City Police Officer Meineke 316. I was 200 feet from my drive way so I continued there. I stopped in my driveway where I park.
The officer then came up to my vehicle and demanded identification. I asked why he pulled me over and he informed me. I believed his claims to be bogus, and for a supervisor. He then asked for my identification again and I again replied that I wanted to speak with a supervisor. This went back and forth a few times and I stated that I was going to remain silent and that I wanted to speak with a supervisor. I put my hands on the wheel and looked forward and proceeded to remain silent. He called for backup and started to shake up his pepper spray. I remained silent and still waiting for what I thought was a supervisor. His backup arrived and came up to the window and asked for my identification. I asked him if he was the supervisor and he replied no.
I again stated I wanted to speak with a supervisor. They then informed me that I was under arrest for obstruction of justice and failure to identify myself. For the record – I never refused to identify myself, I only asked for a supervisor in response. They pulled me from my vehicle and threw me on the ground. In the process, they tore my pants, scraped my knee, and scraped my shoulder. They took my wallet from my pocket to obtain my identification and I stated that he needed to put my wallet back and that there were not allowed to do undertake illegal search and seizures.
They wouldn’t allow me to access my phone. I needed my phone because I have all my numbers programmed and I don’t memorize them. They wouldn’t allow me to let my roommate know that I was being arrested. My girlfriend was at work and I am her ride so I couldn’t let her know. Basically, I wouldn’t be able to contact anyone and let them know where I was. The police informed me that they were towing my truck whereupon I replied that they were not going to tow my vehicle because it is on private property – my driveway. They towed my vehicle and took me to jail.
They then said that they were going to let me go and that they were going to drop the two traffic charges but they did issue me a citation for dwli521.457 (3103c). I am also interested to know whether they can lawfully tow my car from my own property. If anyone has any thoughts, please feel free to share