vehicle illinois
Can police tow my car out of my driveway?
<p>I have a car in working condition. The license plates expired a few months ago, and I have only driven it since then to move it around in my driveway.</p>

<p>The local police department placed a sticker on it declaring it a "nuisance" and giving me 7 days before it was towed. I moved deeper into my driveway since the notice was given.</p>

<p>Yesterday it got towed from a spot deep in my driveway.</p>

<p>Further details:</p>

<ul>
<li>I live in Illinois. </li>
<li>My neighborhood doesn't have a Homeowners
association, or anything of that nature. </li>
<li>Illinois law
says vehicles cannot be removed from private property without written
consent from the property owner.</li>
<li>The 4th Amendment protects me
from unreasonable seizures of my property.</li>
<li>In <a href="http://caselaw.findlaw.com/us-9th-circuit/1075130.html" rel="noreferrer">Miranda vs the City of Cornelius</a>, the Ninth Circuit
determined their car impound, which was towed from their driveway, was an
unreasonable seizure.</li>
</ul>

<p>What allowed this seizure? What are my options here? I'm only asking here, because I'm sure there's other stuff I'm not aware of. I don't want to bring in a lawyer yet, but obviously that is an option, if it comes down to it.</p>

<p><strong>Edit 3 years later:</strong> I ended up hiring a lawyer, and while it took close to 3 years for everything to get done, we sued the city and the tow yard for warrant-less search and seizure, therefore violating my 4th amendment rights. I'm not allowed to discuss the settlement, but my car was returned to me, without me paying any fees. For reference, in the lawsuit, my lawyer mentioned Collins v. Virginia multiple times.</p>

<p>Illinois law has provisions for the seizure of "dilapidated" and "inoperable" vehicles if they are "in view of the public" according to 55 ILCS 5/5–12002.1.</p>

<p>In many cases such laws have been found to be unconstitutional. There is sort of a constant battle: states pass nuisance seizure laws and courts overturn those laws, then states pass more laws.</p>

<p>You could sue the State of Illinois and try to get 55 ILCS 5/5–12002.1 overturned. You will be the hero of hundreds of junk car owners.</p>

<p>In the case you linked to, they stated that, even with the Fourth Amendment, police do have a right to tow cars under the "community caretaker doctrine." They found that because that particular car was properly maintained and registered, that that car could not be towed under the doctrine. But since your car had an expired registration and was not being used, I think the police have a pretty strong case that they did have a right to tow it.</p>

<blockquote>
  <p>Illinois law says vehicles cannot be removed from private property without 
  written consent from the property owner.</p>
</blockquote>

<p>What law is that?? So if two people share a car and live on the same property, which is owned by one of the two people, then every time the person who isn't on the deed wants to use the car, they have to get written consent from the person on the deed? (Apparently even if they are on the title to the car!?) I find it extremely hard to believe that there is a law that says exactly what you claim, and even if there is, it may not apply to the police.</p>
