The Search & Seizure Show

Can cops automatically tow a rental car, if the driver is not on the rental agreement?


Listen Later

The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hello, everyone, it's Anthony Bandiero. Here, attorney and legal instructor for blue to gold law enforcement training. And here's today's question. Can cops automatically tow a car or rental car? If the driver is not on the rental agreement? Well, the answer, we don't really have a lot of case on this very issue. Because really, it's not gonna be necessarily a search or seizure issue. It may come up if drugs are found and so forth. But fundamentally, it's a it's a tort claim. So here's my advice. I would not tell it not automatically because it's a civil issue. You are a criminal investigator, you investigate crimes. Is there a crime being committed in your presence? By a non authorized driver driving the hertz or Enterprise rental car? I don't see it. Do you have a law that says they can't do it? If you do, that's a different story. But if they have a valid license, and the car is not reported, stolen, embezzled, and so forth, it's not your fight. Right? That's between them and Hertz. If hertz has a problem with what they're doing, and they find out about it, then you know, they can call a lawyer. Now, does this prevent you from calling the rental company and letting them know what's going on with their car? No, I don't see a problem with that. That's that would fund the fall under committee caretaking? Do you reasonably believe that hertz may want to recover their car if they find out that a non authorized driver is driving it because that person may not have insurance may not have a license, and therefore their vehicle may be damaged? And they have little to no recourse? Absolutely. Go? Go ahead and call the rental company and ask them what they want to do. But don't forget that. A couple things. Number one, it's the rental car cars choice, the rental companies choice, it's not your choice. It's not your car. If they don't want to, if you say hey, I really think you should tow it Don't say stuff like that. Just say hey, look, this is what I got a monitor traffic stop. What do you want to do? The other thing that cops ask while we're talking about rental cars is Anthony, can hertz give me consent? Search that car? Absolutely not. Not until the point that they recover it. Now, if they recover it because of a vile, you know, they're violating the contract, then hertz can give you consent to search the car, you may search it anyway under inventory. But that doesn't answer the one burning question is okay...

...more
View all episodesView all episodes
Download on the App Store

The Search & Seizure ShowBy Anthony Bandiero

  • 5
  • 5
  • 5
  • 5
  • 5

5

13 ratings


More shows like The Search & Seizure Show

View all
The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

226,206 Listeners

KILL TONY by DEATHSQUAD.TV & Studio71

KILL TONY

5,564 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

153,924 Listeners

Jocko Podcast by Jocko DEFCOR Network

Jocko Podcast

30,716 Listeners

Cleared Hot by Andy Stumpf

Cleared Hot

10,876 Listeners

Mike Drop by Mike Ritland

Mike Drop

6,404 Listeners

Things Police See: Firsthand Accounts by Steven Gould: Police Officer, Background Investigator

Things Police See: Firsthand Accounts

1,207 Listeners

Shawn Ryan Show by Shawn Ryan

Shawn Ryan Show

42,398 Listeners

Black Rifle Coffee Podcast by Black Rifle Coffee Podcast Network

Black Rifle Coffee Podcast

3,293 Listeners

Street Cop Podcast by Street Cop Training

Street Cop Podcast

958 Listeners

Iron Sights by Iron Sights

Iron Sights

99 Listeners

Shots Fired Podcast by Kyle Shoberg

Shots Fired Podcast

167 Listeners

The President's Daily Brief by The First TV

The President's Daily Brief

3,234 Listeners

The Debrief with Jon Becker by Jon Becker

The Debrief with Jon Becker

68 Listeners

Change Agents with Andy Stumpf by IRONCLAD

Change Agents with Andy Stumpf

630 Listeners