Can police tow my car out of my driveway?

Question

I have a car in working condition. The license plates expired a few months ago, and I have only driven it since then to move it around in my driveway.

The local police department placed a sticker on it declaring it a "nuisance" and giving me 7 days before it was towed. I moved deeper into my driveway since the notice was given.

Yesterday it got towed from a spot deep in my driveway.

Further details:

• I live in Illinois.
• My neighborhood doesn't have a Homeowners association, or anything of that nature.
• Illinois law says vehicles cannot be removed from private property without written consent from the property owner.
• The 4th Amendment protects me from unreasonable seizures of my property.
• In Miranda vs the City of Cornelius, the Ninth Circuit determined their car impound, which was towed from their driveway, was an unreasonable seizure.

What allowed this seizure? What are my options here? I'm only asking here, because I'm sure there's other stuff I'm not aware of. I don't want to bring in a lawyer yet, but obviously that is an option, if it comes down to it.

Edit 3 years later: I ended up hiring a lawyer, and while it took close to 3 years for everything to get done, we sued the city and the tow yard for warrant-less search and seizure, therefore violating my 4th amendment rights. I'm not allowed to discuss the settlement, but my car was returned to me, without me paying any fees. For reference, in the lawsuit, my lawyer mentioned Collins v. Virginia multiple times.

Answer 1

Illinois law has provisions for the seizure of "dilapidated" and "inoperable" vehicles if they are "in view of the public" according to 55 ILCS 5/5–12002.1.

In many cases such laws have been found to be unconstitutional. There is sort of a constant battle: states pass nuisance seizure laws and courts overturn those laws, then states pass more laws.

You could sue the State of Illinois and try to get 55 ILCS 5/5–12002.1 overturned. You will be the hero of hundreds of junk car owners.

Answer 2

In the case you linked to, they stated that, even with the Fourth Amendment, police do have a right to tow cars under the "community caretaker doctrine." They found that because that particular car was properly maintained and registered, that that car could not be towed under the doctrine. But since your car had an expired registration and was not being used, I think the police have a pretty strong case that they did have a right to tow it.

Illinois law says vehicles cannot be removed from private property without written consent from the property owner.

What law is that?? So if two people share a car and live on the same property, which is owned by one of the two people, then every time the person who isn't on the deed wants to use the car, they have to get written consent from the person on the deed? (Apparently even if they are on the title to the car!?) I find it extremely hard to believe that there is a law that says exactly what you claim, and even if there is, it may not apply to the police.

Answer 3

I've never heard that about California and I'm sure there's more provisions if so.. However, you are fighting a battle that's not feasible or will not change anything, too many loop holes. Why? Well you have city, county and state code enforcement laws.. let me go back a little in history, a Dad has a lot of acres at his home and his 3 sons are stealing cars and stashing them way back in the back.. So the Police, law enforcement, etc comes to Dad's house and say we need to check your Land for stolen vehicles. So Dad pumps the shotgun and tells law enforcement to get off property or he will shoot them, they leave.. Someone or somebody owns the property so the courts found a way to come on your property basically with no warrent and check vehicles in plain site usually but then he sees probable cause on other things and so it begins.. Now this is made up but it's truly how this revolutionalized basically. Code enforcement can tow your car if its leaking to much oil on driveway.. Now of course this is a big scope of things there are rules to follow by all ( but he said she said) and for your vehicle i believe they considered that it was inoperable because of the expired registration.. meaning inop because you really can't drive it! No wheel, car jacked up, etc is a safety issue of course, thats also why they can pull in but I know yours wasnt. The biggie!!! Go get your car immediately because the charges daily and the the registration fees they add in the longer it sits at the Wrecker yard are very expensive.. I hope you enjoyed and lastly yes I know these laws pretty well and they differ state to state but the primary is the same and again I just tried to give you a bigger picture and how it became basically and your odds. Ps. The letter your speaking of thats needed is if its for a dispute of a vehicle on someone's Land they own, inop or not.. A cop doesn't need your letter, ya know..