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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. What about their backpack? Can hertz give you consent to search that drivers backpack? Of course, no. The answer's no. Also, you're gonna have to let them grab their stuff, you know, get some reasonable accommodation, if they want to grab their purse or grab their backpack and walk. And it's it's a street and it's not a highway where they can't, then why would you prevent them from doing that? If you have to transport them off the highway, and you start looking into their backpack, the courts gonna want one know why you did that. Most courts want to see you secured that backpack in the trunk, not searching. Can you get consent? Most likely. But you see my point. So these issues are a little tricky. But as far as the COP is saying that they believe that they can automatically tow a vehicle with a non authorized driver. I just don't see the authority to do that. If your policy says you can do it, then that's a different story. If you have a law that presumes that cars are driven illegally if it's not by the authorized driver, I don't know of any law that says that, then you do that, but I'm just saying vanilla. Facts of drivers are authorized. That's all you got. I don't see. I don't see how you have the authority to tow that car. Okay. All right. Hope it helps, guys. Before you leave, hit the like button or comment, subscribe. Tell your friends, and until next time, keep doing the great job you're doing out there.
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