Unlawful Vehicle Impound Contest

Summary

If your vehicle was impounded without probable cause or proper notice, you may contest the impound under california vehicle code §22852. Procedural violations, such as failure to provide notice within 48 hours, can strengthen your case. Constitutional arguments, like fourth amendment protections, may also apply. Motions to contest impound and request injunctive relief can be filed in court, with clear formatting and supporting evidence. Consult local court rules for specific requirements.

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I was pulled over without probable cause in my personal automobile. The officer ignored my multiple statements that I was not driving a motor vehicle. Case law says issues with registration or licensing are not justified probable causes. My car was impounded but the notification of impound with the charges and information to request an administrative hearing was never received. I was pulled over on */*/*. I went to the LAPD police station on */*/* to request a hearing but the officer told me the supervisors who handle the administrative hearings were not in. He gave me their names and emails and I reached out on Monday, May *, the next business day but the supervisor who handles administrative hearings told me that the hearing does not change the citation accuracy but I disagree. My car is still impounded. My constitutional rights have been violated.

Thank you for sharing the details. Here is some general legal information regarding your situation:
- Under California law, an administrative hearing must be requested within 10 days of the impound notice being issued (California Vehicle Code §*). If you did not receive this notice, it could be a procedural violation.
- Impound hearings are meant to address whether the impound was justified, not the accuracy of citations.
- Fourth Amendment protections against unlawful searches or seizures may apply if there was no probable cause for the stop.
To assist further, could you clarify whether you received *any* documentation regarding the impound or citation?

Exactly. I stated to the officer at the LAPD division that I did not believe the impound was justified. He essentially told me it is pointless to talk to him. Which appears to be a lie.

Thank you for clarifying. If you did not receive any documentation about the impound, this may constitute a procedural violation under California Vehicle Code §*, which requires notification within * hours. This could strengthen your argument. Did you document your communication or attempts to request a hearing?

I sent an email to the two supervisors who I was told handle administrative reviews, requesting an administrative hearing. I understand the 10 days is from the date you receive the mailed notice of impound which is sent out within * hours of the citation and impound of my car. The 10th day after that notice would have been received if it had been received would have been */*/*, the day I went to the LAPD requesting an administrative review. They did not have an updated address for me because I have not been in the jurisdiction of the last known address the LAPD had recorded for me, which was in *. I have no connection to the statutory California jurisdiction and haven't since then.

Thank you for providing these details, Shari Lynn. Here’s some general information regarding your situation:
- Under California Vehicle Code §*, failure to send a timely impound notice (within * hours) may be a procedural violation that could impact your case.
- If your address was outdated, the agency is still required to send the notice to the last known address on file.
- You may argue that your request for a hearing (on */*/*) was within the *-day window since you did not receive the notice.
Have you considered filing a complaint or appeal to contest the procedural errors or constitutional violations?

My car is in impound and I fear it will be auctioned off before any of that occurs. How do I file a complaint or appeal to contest

To contest the impound or auction, you can take the following steps:
- File an impound complaint with the LAPD, asserting procedural violations under California Vehicle Code §*.
- Consider filing a motion in small claims or civil court for the release of your car, citing constitutional violations and lack of notice.
- Request an injunction to stop the auction.
Would you like guidance on how to draft a complaint or motion?

Yes I would like guidance on how to draft a complaint or motion

Thank you, Shari Lynn. Here is some general guidance on drafting a complaint or motion in California:
*. **Complaint/Motion Format:**
- Use a standard legal format (title, case number, parties involved).
- Clearly label it (e.g., "Motion to Contest Impound" or "Complaint for Injunctive Relief").

*. **Include Key Sections:**
- **Introduction:** Briefly state the purpose (e.g., "To contest the unlawful impound of my vehicle").
- **Facts:** Outline the events (dates, lack of notice, attempts to request a hearing, and procedural violations).
- **Legal Basis:** Cite relevant laws (e.g., California Vehicle Code §*, Fourth Amendment).
- **Relief Sought:** Specify what you want (e.g., release of car, stop auction, or damages).
*. **Attachments:**
- Include any documentation (emails, proof of communication, etc.).
*. **Filing:**
- File with the appropriate court or agency.
Would you like a sample outline or further clarification?

yes I would like a sample outline

Here is a general sample outline for your complaint or motion to contest the impound and auction of your car in California:
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Court Name]**
[Address of Court]
**Case Title**: [Your Name] vs. [LAPD or Impounding Agency]
**Case Number**: [Leave blank if not yet assigned]
**MOTION TO CONTEST UNLAWFUL IMPOUND AND REQUEST FOR INJUNCTIVE RELIEF**
---

***. Introduction**
- Briefly state the purpose of the motion (e.g., "This motion seeks to contest the unlawful impoundment of my vehicle and request immediate release or injunctive relief to prevent auctioning.").

***. Statement of Facts**
- Detail the relevant events:
- Date of the stop and impound (e.g., April *, *).
- Lack of probable cause for the stop.
- Failure to receive the required impound notice under California Vehicle Code §*.
- Attempts to request an administrative hearing (e.g., May *,

Thank you for that. Also the citation has not yet been filed with the court. That doesn't matter right?

If the citation has not yet been filed with the court, it may delay the court's ability to address your case. However, this does not necessarily invalidate your claims regarding the impound. You can still proceed with your complaint or motion regarding procedural violations. Have you checked with the LAPD or court to confirm the filing status?

I checked with the court online and confirmed nothing has been filed.

If nothing has been filed with the court yet, you may still proceed with filing a motion to contest the impound, as your claim focuses on procedural violations and lack of notice, independent of the citation. You could also follow up with the LAPD to confirm the status of the notice or citation.
Would you like further assistance with filing your motion?

The motion template mentions a hearing date. is that the "respond to citation before" date on the citation?

No, the "hearing date" in the motion template refers to the court date set to address your motion or complaint, not the "respond to citation before" date on the citation. The hearing date will be assigned after you file your motion with the court.
Would you like guidance on how to request a hearing date?

Yes I would like guidance on how to request a hearing date

To request a hearing date in California, follow these steps:
- **File Your Motion/Complaint:** Submit your completed motion or complaint to the appropriate court.
- **Request a Hearing Date:** Ask the court clerk for a hearing date when filing or include a formal request in your motion.
- **Pay Filing Fees:** Ensure any required filing fees are paid.
Would you like further clarification on any step?

Can you show me a sample motion using my case

Here is a general sample motion tailored to your situation:
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Court Name]**
[Address of Court]
**Case Title**: [Your Name] vs. [LAPD or Impounding Agency]
**Case Number**: [Leave blank if not yet assigned]
**MOTION TO CONTEST UNLAWFUL IMPOUND AND REQUEST FOR INJUNCTIVE RELIEF**
---
***. Introduction**
This motion seeks to contest the unlawful impoundment of my vehicle and requests immediate release and injunctive relief to prevent the auctioning of the vehicle.
---
***. Statement of Facts**
- On April *, *, I was stopped by an officer without probable cause.
- My vehicle was impounded, but I did not receive the required notice under California Vehicle Code §*.
- On May *, *, I attempted to request an administrative hearing, but the LAPD supervisor stated it was "pointless."
- Despite my attempts, no hearing was conducted, and my vehicle remains impounded.

The template I have has plaintiff and defendant headers. do I remove those for this motion

In California, if you're filing a motion, it's common to include "Plaintiff" and "Defendant" headers if your case has already been assigned a plaintiff/defendant structure. If no case has been formally filed, you can use "Petitioner" (you) and "Respondent" (e.g., LAPD). Confirm with the court clerk if this applies.

So even if the lapd has not yet filed the citation with the court I still put Case Title on the motion? Where on the page does it go?

Yes, even if the LAPD has not filed the citation with the court, you should include a **Case Title** on your motion. Here's where it goes:
- Place the **Case Title** below the court's name and address, centered on the page.
- Format: **Your Name (Petitioner) vs. LAPD or Impounding Agency (Respondent).**
Would you like help formatting this section?

Does my name and address and phone and email information go at the very top of the motion or below the court's name and address?

Your name, address, phone number, and email information should go at the very top of the motion, aligned to the left. This is your contact information and identifies you as the party filing the motion. It is placed above the court's name and address on the motion. Would you like a visual example of this layout?

So even though the ultimate case is against me, in this motion I put my full name vs. LAPD?

Yes, for this motion, you would list your full name as the **Petitioner** and the **LAPD (or Impounding Agency)** as the **Respondent** because you are initiating this specific action to contest the impound. This is separate from any other case or citation filed against you. Let me know if you need further clarification!

Is it OK to abbreviate LAPD or should I spell it out and should it be in all capital letters if spelling out?

Yes, it is acceptable to abbreviate **LAPD** in your motion, as it is a widely recognized abbreviation. If you choose to spell it out, use **all capital letters** ("LOS ANGELES POLICE DEPARTMENT") for consistency and formality. Let me know if you need further assistance!

can I motion to request unlawful impound and request for injunctive relief in the same document

Yes, you can combine a motion to contest the unlawful impound and a request for injunctive relief in the same document. Ensure the motion is clearly titled (e.g., "**Motion to Contest Unlawful Impound and Request for Injunctive Relief**") and includes separate sections for each request under the "Relief Sought" portion. Would you like help structuring this?

Yes I would like help structuring this

Here’s a structured outline for combining a **Motion to Contest Unlawful Impound** and **Request for Injunctive Relief** in the same document:
---
**[Your Name]**
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
**[Court Name]**
[Address of Court]
**Case Title**: [Your Full Name (Petitioner)] vs. [LAPD or Impounding Agency (Respondent)]
**Case Number**: [Leave blank if not yet assigned]
**MOTION TO CONTEST UNLAWFUL IMPOUND AND REQUEST FOR INJUNCTIVE RELIEF**
---

*. **Introduction**
- Briefly state the purpose of the motion:
"Petitioner respectfully submits this motion to contest the unlawful impoundment of my vehicle and requests injunctive relief to prevent the auctioning of the vehicle."
---

*. **Statement of Facts**
- Provide a chronological account of events:
- Date and circumstances of the stop (e.g., "On April *, *, I was stopped without probable cause while traveling in my personal automobile.").
- Details of the

Do I list Statement of Facts with dashes?

Yes, it is acceptable to list the **Statement of Facts** with dashes for clarity and organization. For example:
- On April *, *, I was stopped without probable cause.
- My vehicle was impounded, but I did not receive the required notice under California Vehicle Code §*.
- On May *, *, I attempted to request an administrative hearing.
Would you like further assistance with this section?

Where do I put the MOTION TO CONTEST UNLAWFUL IMPOUND AND REQUEST FOR INJUNCTIVE RELIEF on the page.

The title "**MOTION TO CONTEST UNLAWFUL IMPOUND AND REQUEST FOR INJUNCTIVE RELIEF**" should be **centered** on the page, directly below the **Case Title** (e.g., "[Your Name] vs. [LAPD or Impounding Agency]") and the **Case Number**. This ensures that it is prominent and clearly identifies the purpose of your filing. Let me know if you'd like confirmation on other formatting details!

If I was to file a motion in small claims court citing constitutional violations and lack of notice is it the LAPD or the officer himself that is the defendentt

In California, for a claim involving constitutional violations and procedural issues, the **defendant** would typically be the **LAPD or the impounding agency**, as they are responsible for the impound procedures. Individual officers are generally not named as defendants unless their specific actions are central to the claim.
Would you like clarification on filing in small claims court?

After I have laid down the statement of facts do I then. go into supportive detail?

Yes, after laying down the **Statement of Facts**, you should provide **supportive detail** in a "Legal Basis" or "Argument" section. This section should:
- Cite relevant laws (e.g., California Vehicle Code §*, Fourth Amendment).
- Explain how the facts support your claim (e.g., procedural violations, lack of probable cause).
Would you like help drafting this section?

Does it help to include case law rulings under the supportive detail section

Yes, including **case law rulings** can strengthen your argument in the **supportive detail section**. Cite rulings that establish precedence for your claims, such as constitutional violations (e.g., unlawful stops under the Fourth Amendment) or procedural issues under California law. Ensure the rulings are relevant and concise. Would you like help finding examples?

But the case law can be federal supreme court rulings right?

Yes, you can cite **federal Supreme Court rulings** as case law, especially if they address constitutional issues like Fourth Amendment violations. Federal rulings take precedence over state law and can be powerful in supporting your argument. Ensure the case is relevant to your situation. Would you like help identifying specific rulings?

Do the Introduction and Statement of Facts headers align left or are they centered on the page

The **Introduction** and **Statement of Facts** headers should be **aligned to the left** on the page, not centered. Use bold or underline formatting for emphasis, if desired. This ensures clarity and consistency in legal documents. Let me know if you'd like further help formatting your motion!

And is the Supportive detail section aka Legal Basis or Argument section also left aligned?

Yes, the **Supportive Detail**, **Legal Basis**, or **Argument** section headers should also be **left-aligned**. Consistency in formatting throughout the document improves readability and professionalism. Let me know if you need further clarification or assistance!

Do I number the separate detail under the Argument section?

Yes, numbering the separate details under the **Argument** section is helpful for organization and clarity. For example:
*. The stop lacked probable cause, violating Fourth Amendment protections.
*. The agency failed to provide notice under California Vehicle Code §*.
*. The impound hearing process was improperly denied.
Let me know if you need help drafting this part!

Do I list all the arguments first and then provide the supporting evidence for each one or do I provide the evidence immediately after each argument point is made?

In legal documents, it's generally more effective to provide the **supporting evidence immediately after each argument** point is made. This ensures the reasoning is clear and directly tied to the argument, making it easier for the court to follow your logic. Let me know if you'd like help structuring this!

Doe sthe statement of facts section have to be double spaced between facts?

In California, legal documents should generally follow court formatting rules, which often require **double-spacing** throughout the document, including the **Statement of Facts** section. Check the specific court's local rules or guidelines to confirm, as some courts may have unique formatting requirements. Need help verifying court rules?

Yes what are the formatting requirements for the Supreme Court of Beverly Hills

The **Supreme Court of Beverly Hills** does not exist as a formal court. If you are referring to a superior court in Beverly Hills (part of the Los Angeles County Superior Court system), general California court formatting rules apply. Here's an overview:
- **Font**: *-point, Times New Roman or similar.
- **Spacing**: Double-spaced (except for block quotes and footnotes).
- **Margins**: * inch on all sides.
- **Page Numbers**: Bottom center of each page.
- **Title**: Centered and clearly stated.
- **Headers**: Left-aligned and bold or underlined.
If you're filing in the **Los Angeles County Superior Court**, confirm specific formatting requirements with the court clerk. Let me know if you'd like assistance with filing in Los Angeles County!

Does the statement of facts section only include facts pertinent to what actually happened during the stop or does it also include facts about the constitutional allowance to free unhindered travel on the byways and highways of a state without requiring a drivers license, insurance or registration?

The **Statement of Facts** section should focus on the **specific events that occurred during the stop and impound**, such as the date, time, officer actions, and procedural violations. Arguments about constitutional rights (e.g., free travel, license requirements) belong in the **Argument/Legal Basis** section, where you can cite relevant constitutional principles or case law.
Would you like help drafting these sections?

Do I mention the constitutional violations in the statement of facts section and then go into detail providing case rulings in the Argument section? Or don't even mention constitutional rights violations in the statement of facts?

You should **not mention constitutional rights violations in the Statement of Facts** section. The Statement of Facts should only include **objective events and actions** (e.g., the stop, impound, lack of notice). Save constitutional violations and case law analysis for the **Argument/Legal Basis** section, where you can provide detailed reasoning. Let me know if you'd like further guidance!

Does an asterisk reference go next to the term being defined or after the definition of the term?

An asterisk reference typically goes **next to the term being defined**. For example: "The officer claimed probable cause*..." The explanation or reference is then provided in a footnote or endnote. Let me know if you need clarification on formatting legal documents!

Does the asterisk go before or after the period if the term is the last word in the sentence?

The asterisk should go **after the period** if the term is the last word in the sentence. For example: "The officer claimed probable cause.*" This is standard practice for clarity in legal and formal documents. Let me know if you have further questions!

Even if the sentence itself provides multiple definitions of a term and it is only the last definition that is pertinent to the asterisk?

Yes, even if the sentence provides multiple definitions of a term and only the last definition is relevant to the asterisk, the asterisk still goes **after the period** of the sentence. For example: "The officer claimed probable cause, which could mean A, B, or C.*" The footnote or reference would clarify the pertinent definition. Let me know if you need further assistance!

If I refer to many case law rulings with their citations do I have to include the full case file as well?

No, you do not need to include the full case file when referencing case law rulings in your motion. Instead, provide a proper citation (e.g., case name, volume, reporter, page number, and year). For example: *Terry v. Ohio, * U.S. * (*).* Let me know if you'd like guidance on citing case law!

Unlawful Vehicle Impound Contest

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