Legal Question in Criminal Law in California

My husband was pulled over about a block away from home. They pulled him and his passenger out of the car. They were told they got pulled over because his passanger had a bald head they arrested my husband and impounded the car. He was arrested for recieving stolen proberty which it came back not stolen. He had a license and he was not on probation or parole. The DA rejected the case can we get money back for impound,also my husband is disable he collects ssd and ssi this really hurt us


Asked on 7/12/10, 1:45 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

If the police stop of the car was reasonable and their belief that your husband had stolen property was also reasonable, the while it would have been nicer for them to just have him park and lock the car there and call you to pick it up, they did not have to. Also, if the car was evidence in the crime [person reporting stolen property also described what car used looked like] they would want to keep it.

I think there is too much that hinges on what the police were thinking to be able to show they did not act reasonably. If they did, even though they were wrong, they are not liable for the impound fees. To sue the police, you would have to within 180 days of the incident file a claim with the public entity employing them and then you could upon rejection file a Small Claims Court suit. The amount of money that could be recovered is too small for any attorney to get involved in it.

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Answered on 7/12/10, 8:49 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Shers is right. You must first file a claim. When the claim is denied, or deemed denied by operation of law, you must then file a lawsuit.

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Answered on 7/13/10, 2:14 pm


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