Can a county sheriff tow my car for someone else possessing marijuana in the vehicle?

UPDATED: Aug 29, 2011

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Can a county sheriff tow my car for someone else possessing marijuana in the vehicle?

Asked on August 29, 2011 Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In the laws of each state in this country, items can be seized as evidence if there is probable cause that a crime has been committed and the item seized is part of the suspected crime.

In your situation, if your vehicle was stopped by law enforcement where in the end marijuana was found in possession of a person who was in your vehicle, and marijuana is illegal in the state of Illinois, then your car can be impounded and towed by the county sheriff as evidence for any arrest or citiation resulting from the discovery of marijuana within its confines.

Even if there was no arrest or citiation arising out of law enforcement discovering marijuana in possession of someone in your vehicle, given the fact that marijuana is a known depressant, law enforcement to protect others on the road way as well as those in the vehicle from driving at the time was allowed to have the vehicle towed.

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