Have a question For SDPD or ECPD and my 4th amendment

[kcjr1125]

I had one of my trucks towed today due to it not being moved due to it not running, I understand that as I was cited for it and warned. However, my other truck parked behind it was ransacked. My glove box was open and all my paperwork was thrown about. A witness told me the cops did it. I'm pretty good about locking my truck but that truck that was disrespectfully and in reality broken into imo. Was not necessary. I thought at first I had my truck broken into but I have a 10k stereo system in there and nothing is missing.

Can someone, and I am asking politely please tell me what gave the officer on duty the right to search a truck that was completely un related other than myself owning it without presenting me with a warrant. They had no problem taking my other truck but this I believe directly violated my 4th amendment.

With respect, kcjr

[kcjr1125]

To add i did call them and it went to vm. I voiced my opinion on the matter and asked to speak to a supervisor. I am currently awaiting a call back at the moment but in the mean time please tell me how entering into another vehicle and trashing it was either necessary and more importantly legal

[baba booey]

Wow. That sounds crazy.

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[eta34]

Are you certain it was locked? Are you alleging the police forcibly opened your truck?

[splaturn]

Without knowing specifics, I don't think anyone here can help you.

Someone is alleging a police officer did something, but you'll need a little more than that if you want a resolution.

[kcjr1125]

I'm pretty sure it was locked but even if it wasn't does that give them the right to enter my truck that had NOTHING to do with the one being towed and search thru my belongings? I mean they TRASHED it. That why I thought it was broken into but my amps and everything that I can recall is still there.

Let's say it was my home with the door unlocked. They can't just come in without a warrant or probable cause. I was literally parked behind my other truck that I knew was going to be towed. Nothing suspicious nothing illegal. I already contacted a lawyer on this. This is the second time they did this. The first one I kinda understood their point, I blew a flat on freeway and pulled over to walk to a call box, in the mean time a highway patrol man decided to open my doors and take my secured shotgun that I'm still trying to get back.

They said oh someone else could have tooken it but now I have to submit a letter to doj to prove it's yours . One year later and 3 letters later where the dog keeps saying the s# doesn't match(they clearly mistyped it because it couldn't be neater than what I wrote, included a copy of the dros that showed everything so now I'm sure it's going to be destroyed. However that was the first time.

This second time was completely unjustified imo. I'm willing to accept responsibility if there is some law that allowed them under these circumstances but I believe it was unwarranted.

[TRICKSTER]

I'm pretty sure it was locked but even if it wasn't does that give them the right to enter my truck that had NOTHING to do with the one being towed and search thru my belongings? I mean they TRASHED it. That why I thought it was broken into but my amps and everything that I can recall is still there.

Let's say it was my home with the door unlocked. They can't just come in without a warrant or probable cause. I was literally parked behind my other truck that I knew was going to be towed. Nothing suspicious nothing illegal. I already contacted a lawyer on this. This is the second time they did this. The first one I kinda understood their point, I blew a flat on freeway and pulled over to walk to a call box, in the mean time a highway patrol man decided to open my doors and take my secured shotgun that I'm still trying to get back.

They said oh someone else could have tooken it but now I have to submit a letter to doj to prove it's yours . One year later and 3 letters later where the dog keeps saying the s# doesn't match(they clearly mistyped it because it couldn't be neater than what I wrote, included a copy of the dros that showed everything so now I'm sure it's going to be destroyed. However that was the first time.

This second time was completely unjustified imo. I'm willing to accept responsibility if there is some law that allowed them under these circumstances but I believe it was unwarranted.

So was this done with the intent to block the truck from being towed?

[kcjr1125]

Not at all. I was parked behind it with space. When it was originally towed it was towed from the front like they did today. My rear axle broke was broken, any tow truck drivers want to chime in and say which way would be easier to tow?

But again that still imo does not give them the right to search my other truck without a warrant and trash it. Am I being belligerent here or overreacting? I believe no one has the right to search u without probable cause or a warrant. None of which were present, they towed the truck anyway, I had no intention of blocking it at all. If I did I would have parked in front of it not behind.

[RickD427]

Not at all. I was parked behind it with space. When it was originally towed it was towed from the front like they did today. My rear axle broke was broken, any tow truck drivers want to chime in and say which way would be easier to tow?

But again that still imo does not give them the right to search my other truck without a warrant and trash it. Am I being belligerent here or overreacting? I believe no one has the right to search u without probable cause or a warrant. None of which were present, they towed the truck anyway, I had no intention of blocking it at all. If I did I would have parked in front of it not behind.

There really isn't enough information in your post to give a meaningful response.

The Fourth Amendment certainly does apply. There is no "switch" that turns it off. But at the same time U.S. v Ross pretty much makes search warrants inapplicable to vehicle searches. The "reasonableness" requirement still applies.

If your vehicle were searched under the authority of a warrant, and evidence was seized, the law would require that you be provided an inventory.

My question for you is, without your being privy to the LEO's knowledge, how can you be certain that there was no warrant (if there was no seizure) or probable cause for the search? Your "not knowing" and there "not being" are two very different things.

My best recommendation is to speak with a supervisor about the matter. There is no requirement for them to divulge their probable cause, or other basis for their search, and it can sometimes be harmful to their case development, but it can also sometimes be helpful to addressing a citizen concern. You will not how how your case shakes out until you ask.

[CinnamonBear723]

I would wait to seek advice here until you have discussed with someone at the department. Like RickD pointed out, there is not a lot of information here other than the fact you think the cops unlawfully searched your vehicle. Good luck.

[esy]

Agreed. Not enough info. Sounds weird.

On the tow part, the truck to be towed was in front of the the truck that was searched?

RWD vehicles are towed with the drive axle up so the non-drive axle is rolling. Just throwing that out there.

[splaturn]

I think the fact still stands that you don't know if you locked your truck or not.

You don't know if someone from the Police department (or tow company) searched that truck or not.

You don't know if it was a neighborhood kid looking for cigarettes and gas money that many people hide in their cars.

I'm not saying you're wrong if your story matches what actually transpired. However as it sits, you're drawing conclusions from non-existant facts.

(Note, many kids to search cars for the hell of it. They don't know what an amp or a $10k audio setup looks like, they do understand that quarters equals money though) I had a neighbor go through my car once. He stole a discman. Not the stero, not money in the center console, not the sports equipment in the trunk, easily a few hundred if not thousands of dollars worth. Kids...

[9M62]

I'd venture to guess your nosey neighbor doesn't know what she's talking about and the cops never touched it.

I'd put money on it.

[kcjr1125]

My witness was an electrical worker whom I befriended that was working right across the street and saw it all unfold, he actually came to my house and knocked to try and tell me the truck was being towed. He is the one that also thought it was weird they were "checking out" my other truck behind it. I asked what he meant and he said they opened your doors. I was out walking my dog when this all went down.

Also what does it matter if my truck was locked, I do not believe I have to lock my doors to prevent city officers from opening and trashing

[RickD427]

My witness was an electrical worker whom I befriended that was working right across the street and saw it all unfold, he actually came to my house and knocked to try and tell me the truck was being towed. He is the one that also thought it was weird they were "checking out" my other truck behind it. I asked what he meant and he said they opened your doors. I was out walking my dog when this all went down.

Also what does it matter if my truck was locked, I do not believe I have to lock my doors to prevent city officers from opening and trashing

There really isn't any relevance as to the doors being locked with regard to the officer's search authority.

But my earlier question still stands. If you were not privy to the officers knowledge at the time they conducted the search, how can you assert that they lacked probable cause?