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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. I don't think to go on to their property and tag cars, right? You don't have their consent. You don't have an implied consent. It's not reasonable think that they be like, Yeah, I don't care if you come on my property and tag my cars, and you don't have their express consent. They didn't tell you yes or no, you could be there. Um, the only saving grace potentially on this one is if the ordinance told it's clear, you know, it announced that homeowners have to let police on their property that's had cars, but I very much doubt it says something like that. And even if it did, it's subject to litigation, right? I don't think you can't just announce to people, Hey, if you live in our town, your fourth my rights are subdued. Right? Our interest in tagging your junk car or a band The car is higher than your fourth amendment. So even if it gave people notice, I don't think it's valid. Okay, so I see this a lot. I see this so many times around the country. I see COTA Force officers going into people's backyards, going on to their side of their house and tagging things and tagging cars. I see cops going into car ports and so forth and getting bins off of cars, because it has no plate or the plate doesn't match. You may have probable cause but the probable cause does not get you onto their property. So that's the problem here. If it's me, I'm not going on people's college to enforce a junk vehicle ordinance without good not a knock on the door. Right. I'm knocking on door I'll try and make contact and let the person know and maybe give them a slip of paper that says the vehicle is junk. But I'm not snooping on people's property and so forth. Because I know in Leeson My training experience that that is that violates the Constitution.
You can also look at a case called Collins, the Virginia, US Supreme Court about curtilage. And how cops just can't be on there with probable cause alone, and so forth. All right. So there's my answer. Do what what you want with it. I'm sure the city in Louisiana had legal counsel, tell them that this was okay. They probably have a city attorney. But if I'm the city attorney, I'm saying no. So that's just I have a you know, that's my own opinion. reasonable minds can differ but that's where I met on it. Okay, I hope it helps guys. If you want me to keep doing these videos, then here's I want you to do, hit like or comment, hit subscribe, and let your friends know about me share these links. Okay, that's all I'm asking. That's not much is it? Until next time, my friends stay safe.
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