Legal Question in Criminal Law in Massachusetts

return of seized property

My son's car was taken in a police search warrant,, he was never arrested and never charged.. in fact, the warrant was for my other son, but they took my older's son's car..This happened Oct 2006.. The tow yard has had the vehicle since then, and despite a Judge's orders to return the vehicle to the rightful owner ( ordered in August 2007), the tow yard will not do so unless storage and towing fees are paid which now exceed $7,000.00. A motion was filed to go to a hearing for resolution but it was denied as of today with no explanation. What can we do..they had no right to take the vehicle in the first place as my son did not do anything..and he should not be responsible for the storage charges, the police or the commonwealth should be. Please help...we have no rights as citizens..


Asked on 10/11/07, 4:58 pm

1 Answer from Attorneys
Rose King Law Office of Rose King

Re: return of seized property

You're right, it doesn't seem fair, but it was not illegal for the police to seize the vehicle if they had probable cause to believe it was the locus of the crime (the crime does not to have been committed by you son who owns the vehicle). Your letter doesn't say, but I assume the police kept the vehicle until your son's (not the owner of the vehicle) case was over. This is now a civil matter between you and the tow yard.

While getting the vehicle back through official channels will be costly, you might try asking the police for their help. Call the Chief of Police's office and ask for his (or her) help. The police probably do a lot of business with the tow yard and they may help you out. Tell him or her about the judge's motion. Good luck. If you decide to get an attorney, feel free to contact me.

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Answered on 10/12/07, 8:18 am


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