Selling marijuana...impounded car...help?

Ok, My friend's mom has a bit of a problem...Her son was arrested for selling marijuana. He was using her car when he was caught because he was supposedly going to a "job that he had." Turns out his job was selling drugs. Anyways, they police impounded the car saying that it is evidence and she can't have it back. They're going to auction it off.

Is there anything she can do to get is back or is it lost since she did allow him to borrow it, even though he was lying about his reason for needing the car?

We're in Arkansas, so I'm looking for Arkansas law.

Any help is greatly appreciated!

Chris H

I am a retired police detective and commander with over 20 years law enforcement experience. The vast majority of my career was undercover narcotics and then commander of the narcotics unit.

There are a lot of details you have left out. You didn't mention if the son was a juvenile. How much marijuana was he selling and was he arrested for actually selling to an undercover or just arrested with the possessed amount that would be trafficking?

Anyway, the seizure laws regarding property being used during the commission of a crime are pretty clear. With specifically vehicles, to go through with a seizure of a vehicle it has to be proved that the person committing the crime owns the vehicle, has primary use of the vehicle, or that the owner of the vehicle knows that a crime is or would likely be committed using the vehicle. Primary use is important. Lots of drug dealers use cars that are registered in other people's names such as girlfriends or relatives, but the dealer is the one that uses it all the time. They think this stops the cars from seizure but it doesn't. However if the owner has and does primarily use the car, and is unaware of the crime being committed in it, they should get the car back.

In other words, if you borrow someones car and commit a crime in it without the knowledge of the owner, the owner does not lose the car to seizure. Now, that doesn't mean the vehicle won't be towed and held as evidence. It will be. It's very unlikely the police will attempt to actually seize the car. If they try, it will go to a seizure hearing where the mother can appear to get her car back, assuming she is the registered owner of the car.

As long as she is the primary user with the car in her name, and she had no idea he was selling drugs from it, she should have no problem getting her car back. It will however will be held for evidence for some time and she will have to go to the police or the prosecutor's office to make the claim for her vehicle, which she should do.

I had done this type of seizure hundreds of times and no vehicle was ever actually taken from an innocent owner with good faith. It's a myth, one that is persistent I'll admit, that property is lost no matter who owns it or knew whether a crime is committed with it. It will just have to be claimed and she may have to explain she had no idea what her son was doing with her car.

RangerDave

No u she will never get that car back, haven't u ever seen a police car that says "donated by your local drug dealer" on it, if ur caught distributing narcotics out of a car ur vehicle either becomes a cruiser or is auctioned off.

Ron Burgundy

No. If she let him borrow it then it's gone. If he stole it then that's a different story.

Steven J

Sorry, the federal government can impound your car, as for AR law I can not speak.

Good luck going to court to get it back.

Steve

As with the other answers, all we can say is good luck but she's probably not getting the vehicle back

Enter Your Message or Comment

User Name:
User Email:
Post a comment: