{"id":19793,"date":"2015-12-04T08:22:03","date_gmt":"2015-12-04T13:22:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19793"},"modified":"2015-12-04T08:22:03","modified_gmt":"2015-12-04T13:22:03","slug":"m-d-fla-no-legal-requirement-to-turn-car-over-to-third-person-rather-than-impound-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19793","title":{"rendered":"M.D.Fla.: No legal requirement to turn car over to third person rather than impound it"},"content":{"rendered":"<p>Officers are not required by law to turn a vehicle over to a third person rather than impound it. The impoundment was reasonable. Here, the impoundment decision was based in part on defendant\u2019s claim to the officer that he\u2019d had money stolen from his car by police before when stopped. United States v. Joyner, 2015 U.S. Dist. LEXIS 161911 (M.D.Fla. Dec. 2, 2015).*<\/p>\n<p>In a DUI manslaughter case, the totality showed the defendant consented to the BAC test. The vehicle crashed into a creek, the passengers drowned, and the vehicle had open containers in it when found. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO108446.pdf\">John v. State<\/a>, 2015 Miss. App. LEXIS 626 (Dec. 1, 2015).*<\/p>\n<p>Failure to immediately pull over with nervous behavior and furtive movements is reasonable suspicion. United States v. Ledbetter, 2015 U.S. Dist. LEXIS 161693 (S.D.Ohio Dec. 2, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers are not required by law to turn a vehicle over to a third person rather than impound it. The impoundment was reasonable. Here, the impoundment decision was based in part on defendant\u2019s claim to the officer that he\u2019d had &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19793\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39,35],"tags":[],"class_list":["post-19793","post","type-post","status-publish","format-standard","hentry","category-inventory","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19793","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19793"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19793\/revisions"}],"predecessor-version":[{"id":19794,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19793\/revisions\/19794"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19793"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19793"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19793"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}