Unoccupied Vehicle Searched Without Cause

[HELP PLEASE]

My question involves search and seizure law in the State of: VA

my car was parked in a parking garage, a parking garage for an office building near my friends house. the garage was empty except 1 other car. couple hours later i get a call from my PARENTS (im over 18) saying the cops came to the house and gave them the keys to my car, which i left in the vehicle. someone i was with had vandalized the building next to the garage before we left to go to our next destination and they searched my car. i had nothing to do with the vandalization, but we later found out my friend got CAUGHT by the cops, and he is also over 18. i had NOTHING illegal in the car, it wasnt even in my name. How could they go in my car and take MY keys out... something seems wrong here give me some advice PLEASE.

no matter what my friend TOLD the police, why would the take my keys from my car, without finding anything illegal. the car is not in my name, it is in my parents name. would this have anything to do with it?

[aardvarc]

There's no way for us to know enough to give you much insight without knowing what police knew at the time. SOMETHING or someone led them to your car - they didn't just randomly pick a car in an entire garage to search. Who knows that your friend told them when caught - and THAT could play a large part in any possible probable cause to search the vehicle.

[HELP PLEASE]

There's no way for us to know enough to give you much insight without knowing what police knew at the time. SOMETHING or someone led them to your car - they didn't just randomly pick a car in an entire garage to search. Who knows that your friend told them when caught - and THAT could play a large part in any possible probable cause to search the vehicle.

there were 2 cars there. one was mine other was already there. read my other thread if you can please!http://www.expertlaw.com/forums/show...283#post313283

[BOR]

In my state an officer can remove ignition keys. If your state /city has a similar law, it gives the officer a legal reason to enter.

Once inside, if anything was in plain view, it is seizable and chargeable.


http://codes.ohio.gov/orc/4549.05

[cdwjava]

It can also fall under the community caretaking exception to the warrant requirement. Since keys in the ignition are likely to result ina stolen vehicle, they can generally enter for the limited purpose of removing the keys and securing the vehicle. Perhaps, even, to obtain identification of the owner from registration or other documents in the vehicle.

You should thank the officers for caring enough to prevent the theft of your vehicle.

So ... you parked in an empty garage with a friend intending to walk somewhere else? When your friend didn't come back, what did you do? Did you go back to the car and find the keys missing? I strongly suspect that you were involved in the vandalism ... I suspect the police think so, too.

- Carl

[HELP PLEASE]

carl if you read my other post it explains everything, including the vandalism. the police took the keys back to my house without my knowledge, and i think i would rather have them in my car than at my house.

[SChinFChin]

carl if you read my other post it explains everything, including the vandalism. the police took the keys back to my house without my knowledge, and i think i would rather have them in my car than at my house.

I read your other post, and if the police notices a key in the ignition, they did the right thing bringing it back to you.

I know you're saying that you rather the key stay with the car, and this may well be "one in a thousand case" where someone wants a key in the ignition, in the open, waiting for someone to come along and steal it. Cops are not physic. It's almost like someone found a wallet on the sidewalk, did a good thing and bring it to you at your house, and you're mad and your complaint is that you rather the wallet stay on the sidewalk, because you have an objection to someone illegally touching it.

Imagine someone really forgot the key in the ignition, which is normally the case in a public garage, and later on the car got stolen. It would sound really retarded if the police said, "oh yeh, we passed by your car, saw the key in the ignition, but we paid no attention to it because we figured you prefer leaving keys in your car. After all, one in a thousand people like it that way, and we don't want to upset them".

[cdwjava]

carl if you read my other post it explains everything, including the vandalism. the police took the keys back to my house without my knowledge, and i think i would rather have them in my car than at my house.

Yes, I read it after I posted. However, that still does not change the "community caretaking" exception, and had your car been stolen and you found out the police left it open with the keys in the ignition, I suspect you would throw a fit. Plus, as previously mentioned, leaving the keys in your car could be a criminal offense in your jurisdiction.

You are free to complain to the officers' agency, however, and ask that they not try and protect your property in the future. I'm not sure it'll do much good because no agency I know of keeps a file of those who refuse police assistance, but you never know.

As for your other matter, yes you could theoretically be charged if the state can show that you somehow aided or encouraged your friend from causing the destruction. You might also be charged with trespassing or a related charge as appropriate in your state and locale.

- Carl

[BOR]

It can also fall under the community caretaking exception to the warrant requirement. Since keys in the ignition are likely to result ina stolen vehicle, they can generally enter for the limited purpose of removing the keys and securing the vehicle. Perhaps, even, to obtain identification of the owner from registration or other documents in the vehicle.

- Carl

This Ohio case discusses just that, the Cady Community Caretaking element.

Here, the door was even locked and a tow truck was called to open the car, it was upheld.


http://www.sconet.state.oh.us/rod/ne...-ohio-3088.pdf

[HELP PLEASE]

thanks for the info guys, im not trying to argue here i understand what you all are saying. you just dont know what this parking garage is like, and the fact its right next to my friends house. I guess they did the right thing, i guess next time ill wear pants with pockets instead of leaving my keys in my car... they were hidden by the way