Can the police impound your car indefinitely?

Question

I have a friend who called me last night and was hysterical. She let her brother borrow her car to run some errands b/c his was in the shop and he was pulled over and arrested for having a firearm on him with no license for it. He called her from jail and told her that the police told him her car was impounded indefinitely and there was no way for her to ever get it back. She has an $18,000 car that she has finally paid off and it's in her name. Is this legal for them to do that or does she have options on getting her car back? Not sure if it makes a difference but this all happened right outside of Boston, Massachusetts so I'm not sure what the laws are there or who she could even call b/c I live in the midwest and I'm sure things are different varying on the state.

Answer 1

Get an attorney--quickly.  He will have to have a judge order a release. This is because the car has become state evidence.

Answer 2

Call a lawyer right away. This is a potential violation of procedural due process guaranteed by the 14th amendment if there is no proceeding before a permanent deprivation of property rights. You'll need a lawyer to help you file the appropriate claim in Massachusetts to recover the property, or at least force an administrative proceeding.

Note that I am not a lawyer yet and this should not be considered legal advice. I am only advising you to get a lawyer. Try the Massachusetts Bar Association or the Boston Bar Association.

Answer 3

if the brothers name is not on the title, only her name, than she should be able to get it out of impound .they might hold it for 30 days,

there must be more to it than just what youve said so far, was the brother on parole/probation? drugs in car?

just having a gun wont get your car taken away, but letting an idiot drive it is never a good idea..

have her call the local police dept and ask them...

Answer 4

Yes. They can seize property in which illegal drugs, weapons, covered under Rico Act is found. Regardless if whether the owner was the one in possession. If a parents or grandparents child is caught with drugs in their home, without their knowledge, the house can be seized by the government

Google rico laws and read for yourself

Answer 5

The car is subject to forfeiture as it was used to commit a crime.  Just like a bank robber who has to forfeit the gun.  She better get a lawyer on it now.  Even if it is released she will be charged for towing and storage and the fees increase every day.