Legal Question in Criminal Law in California

Jurisdiction Procedural Error - Police

Police officer follows me into my driveway to issue a citationfor failure to complete a stop at a 4 way stop 5 houses from my home.

"Arrests" detains me, yells for me to get back into my car and wait....asks to see lic, reg. ins. -I can't find wallet / license - officer detains me further...has husband's car towed and impounded. vc22651(p)cvc

I signed the citation Under Duress...

No copy of the citation was issued at the time.

Tow truck came onto my property, hooked up the family car and drove away. Officer left the property. Still No copy of citation was given to me. Husband went and paid to get car out of impound, was late to work as a result.

The copy of the citation was eventually mailed, and received three days later.

1. did the officer have jurisdiction while on my property, to detain "me"?

2. was there "probable cause" to obscond with the family car?

3. did the officer follow procedure?

4. was the remedy used sufficient for this situation?

5.what should be my next course of action?

thanks for your time in this matter.


Asked on 3/09/99, 1:47 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Jurisdiction Procedural Error - Police

Apparently Vehicle code section 22651(p) allows a police officer to impound a vehicle when the driver does not have a valid drivers license in their possession.

It would appear that the police officer may have over reacted in you case. It seems unlikely that the police department has a policy to impound the cars of all drivers that fail to have their driver's license in their possession.

Additionally the police officer should not have been yelling and screaming at you. It no wonder you could not find you driver's license.

Each police officer has an internal affairs division that investigates complaints of misconduct by a police officer. You can contact the internal affairs department and complain.

You should contact the police department and ask about the department's policy regarding the impounding of vehicles when the dirvers fails to have a valid driver's license in their possession. It is possible that this officer violated the department's policy.

If the officer violated the department's policy regarding impounding vehicles of persons without a valid drivers licens. If that is the case you can file a claim against the city for reimbursement of the cost of the getting your car out of impoundment. The city clerk can give you the form for filing the claim.

You may wish to contact an attorney regarding this issue. The police officer may have impounded the vehicle when a woman is driving and would not have impounded the vehicle if a man had been driving.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510


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Answered on 3/11/99, 7:36 pm


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