Legal Question in Criminal Law in Texas

If a driver of a vehicle, that does not belong to them, is arrested and the legal owner of the vehicle shows up with the title to a trailer that the officer asked to be produced. Prior to the officer actually searching the vehicle and the owner telling the officer to stop.. and the officer telling the owner that he didn't leave that he would go to jail. And when the tow truck driver shows up and the owner tells the officer that the vehicle didn't need to be towed that he could take it home and again the officer made the owner leave by threatening him to leave or go to jail.

Has this officer violated civil rights and is the search valid?


Asked on 10/10/17, 7:49 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If a person is driving a vehicle and is arrested, in most situations the vehicle can be towed. Some times cops will release vehicles to other parties but they are not required to do so in most situations (including the one you describe.) If the car is towed, then an inventory search is performed (allegedly to protect the owner's property from theft...)

And, if the owner was interfering with the cop's effort to effect an arrest and have a vehicle towed, then it is possible he could be charged with interference with the duties of a police officer. Advising someone that they could be arrested if they are violating the law is not a violation of that person's civil rights.

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Answered on 11/02/17, 3:18 am


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