The Search & Seizure Show

Can police officers tag a junked or abandoned vehicle when it is on curtilage?


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Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor with Politico law enforcement training, bringing you a roadside chat from the studio. We got a doozy today, this is a question that comes up a lot. I also see it a lot. I'm being very proactive about this particular issue, which is, can police tag an abandoned or junk vehicle? When it's on curtilage? Okay, here is the scenario, I'm looking at my computer here. Right? So there's a new ordinance. This is this comes out of Louisiana, the great state of Louisiana. So this is there's an ordinance that's that, that directs police officers to tag abandoned or junk vehicles on private property without consent without a search warrant. Right, and then order to put give them notice that they got to get the thing out of there. And now the next question, which is not answered by the scenario is okay. Even if officers tag it, and you know, it, it goes nowhere. I guess we're gonna need a warrant to seize it. I don't know. I like to know that. I like to know what the ordinance says about that, too. Alright. So can officers do this? And it also applies to code enforcement and applies to, you know, agents of the government. Right, not just law enforcement. But I would recommend that cops be extremely cautious about this. So here's the first question I have for you. Is the vehicle on curtilage? Or is it on open fields, right? open fields are those areas that a person may own, but they're not protected by the Fourth Amendment. I mean, somebody can own 100 acres, but that 100 Acres is not going to be 100 acres of cartilage, it's going to be maybe an acre of curtilage. I mean, I'm just kind of, I want to see pictures, but of what the land looks like and where the home is, and things that they set up barbecues, lawn furniture, corn Hall. But certainly you can own a lot more land and curl it. So if the vehicle is on curtilage, buyer beware, you're probably going to get burned very bad. curtilage are those areas that are intimately associated with the home, right with family life, they're physically and psychologically associated with domestic life. The backyard is your quintessential curtilage, your carports your side, you know, areas rent your home. And if the car is there, my belief is 100%. Cops cannot be there tagging cars. Now, if the car is in the driveway, I've seen cases go back and forth. But if that portion of the driveway is curtilage, I would not be on it. Why Anthony? It's just the driveway because you don't have the homeowners consent.

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The Search & Seizure ShowBy Anthony Bandiero

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