Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Can my car be searched and towed?

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
MaD13 View Drop Down
Newbie
Newbie


Joined: 02/June/2018
Location: Australia
Posts: 3
  Quote MaD13 Quote  Post ReplyReply Direct Link To This Post Topic: Can my car be searched and towed?
    Posted: 02/June/2018 at 03:36
My car was stolen from my boyfriend's work, he had borrowed my car that day and whoever stole my car evaded police and then dumped it down the road. Police saw my car and saw that a male was driving it (I'm female) and attempted to pull whoever was driving over, with no success and with lights and sirens on they followed my car but they lost sight of it. Short time later they then found it dumped and it had no one in it however it was unlocked. They've then continued to open my car and search it and I was wondering if they're allowed to do that as I had not even been notified of the car being involved in any sort of chase let alone search? They then organised for my car to be towed to a local tow yard. Can they do this? I had not reported it stolen because I found out this all happened by the police themselves and at that stage it had already been towed.

citizen181 View Drop Down
Senior Member
Senior Member
Avatar

Joined: 02/February/2012
Location: Australia
Posts: 678
  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 03/June/2018 at 12:00
Well, as your car was involved in several criminal acts it would be well within the rights of the police to take the actions you have outlined, both to collect evidence of those crimes and in endeavors to repatriate the car with its lawful owner.

However, there are a few things you need to consider. First, at some time you will be interviewed by police regarding your car's theft, you are the victim of a crime and should behave accordingly. If there may be "things" in the car that could leave you exposed to criminal charges you need to be aware that if you mention this or admit to them, that police can and will likely take action. In this regard you need to understand why the police attempted to pull your car over, if, as you say, it had not been reported stolen at that time. If it was being driven abnormally it could be as simple as that, but if they were looking for that particular vehicle then there may be more to worry about.

Taking the car to a impound locker, if it is possible, is standard procedure if they can't locate the owner. Be aware that police may also undertake forensic tests on your car, fingerprinting, etc, which is a very messy business. They also may not if they have a good idea regarding who was responsible. What you need to investigate is your financial liability and whether you can recover any costs you might incur. Often this is only possible after a person is convicted of the crime and you can ask the court for compensation. Your insurance company should be able to help.

Edited by citizen181 - 03/June/2018 at 12:06

MaD13 View Drop Down
Newbie
Newbie


Joined: 02/June/2018
Location: Australia
Posts: 3
  Quote MaD13 Quote  Post ReplyReply Direct Link To This Post Posted: 03/June/2018 at 19:05
Thank you for your reply.

The incident occurred 2 - 3 hours prior to the local police coming to my doorstep to ask whether I knew where my car was or not and to ask for my whereabouts all day (I was at home with mum and dad verifying that)

There were things found in my car but not to my knowledge (or consent) so nothing was ever mentioned by me obviously. When the police came and asked if I knew where my car was I advised them my partner had it, now my partner is in custody as they are accusing him of being the driver which it wasn't and he has four different people saying that it couldn't have been him as he was at work ?

I never was formally interviewed, they just asked me these questions when they came to my house that night...

I haven't incurred any costs financially due to the car being towed or held in a tow yard for a short period of time however the cost of my partner being in custody and refused bail is all too much!!

The following day during business hours (this is after the day of the incident) i rang the phone number that the cops from the previous night had written down on a piece of paper for me to call up about my car. The police officer I spoke to advised me that he wanted to speak with my partner and that they were accusing him of being the driver.
With my partner next to me freaking out, I rang our solicitor who rang that same police officer to arrange a meeting.
The following day my partner and I met our solicitor and walked in to the police station where my partner was immediately put under arrest and taken for questioning with our solicitor.
I waited 5 hours for them (i later found out it was a "no comment" interview as instructed by our solicitor) and finally my lawyer rings to advise me that my partner was being charged and refused bail??

That the police actually intercepted my car first and they approached my car and asked the driver for a name and licence. Who ever was driving stated correctly my partners name and the fact that he did not have a license which is also true. Mind you they had my partners wallet in hand going through it trying to find something with my partners name on it the police said. Then they've asked whoever it was to stop out of the car and the person has put my car in reverse and sped off which is when they started chasing my car.

I've since been able to retrieve his wallet and my car as you know, however theres money missing, and the rest of the money that was left in his wallet the police are saying are proceeds of crime, (which is not true and I have bank statements that can prove it) and also the police have my partners phone which was also left in the car plus some other items they claim are stolen. (Which they're not) The other thing that they found in my car was drugs. A traffikable amount of them and multiple kinds which has meant that combined with my partners priors (my partner has never evaded police, he has got a record involving drugs and driving matters but not evading police) as well as the police saying that they have identified him as the driver after seeing his picture on the vic roads data base and from his proof of age card found in his wallet, he has been arrested. Charged and refused bail whilst the whole time being a victim of this crime??

The bail Justice came out who also refused bail, and the following day at court our lawyer adjourned the bail app because he wanted time to get more evidence?

I do not understand how the police can do this with no evidence apart from the eye witness accounts of two policemen?

And I'm frantically trying to see how this could of occurred and how and what to do

Thanks for reading this long post!! I'm literally devastated.

DoogleMcFroogle View Drop Down
Senior Member
Senior Member
Avatar

Joined: 09/July/2013
Location: Australia
Posts: 127
  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 04/June/2018 at 16:10
There will be evidence from police dashcams, street and public cams etc..if and when required. The two policeman would be able to recognise the driver from when they pulled him over compared to any ID in wallet.

There are too many red flags that show your boyfriend was involved ( or he is aware of at least who had the car if it wasnt him ) - don't be so naive.

MaD13 View Drop Down
Newbie
Newbie


Joined: 02/June/2018
Location: Australia
Posts: 3
  Quote MaD13 Quote  Post ReplyReply Direct Link To This Post Posted: 05/June/2018 at 13:20
There is no footage and I would appreciate it if you did not call me naive. I am simply stating what I know and asking if in fact that the police are allowed to do this without any evidence, there is no dash can footage, there has been nothing and with my partner having multiple people who saw him at work and when he left? Also the brief does not mention another person being there, neither do the police so I assume this person was alone, but I'll check anyway

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 555
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 13/June/2018 at 01:22
To answer your question, yes the police are allowed to do this, they have reasonable suspicion and they are allowed to investigate that suspicion and if that involved searching the car so be it.

From what you have said, I suspect that the probability was that your boyfriend or someone he gave your car to was involved.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.