How Long Can Police Hold A Vehicle Under Investigation? (Avoid Losing Your Car)

How Long Can Police Hold A Vehicle Under Investigation - Can The Police Take Your Car - How Long Can Police Hold Your Car In Impound

How long can police hold a vehicle under investigation?

In this article, you’ll learn about:

  • how long they can hold it for an investigation
  • how long they can hold it in impound
  • what happens when they seize your car
  • how to get your car back from them
  • what happens if they auction your car off
  • the laws for each state on how long they can hold your car

Let’s dig in.  

Table of Contents

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Key Points About Police Holding Vehicles Under Investigation

  • Police must have probable cause to seize a vehicle as evidence in an investigation.
  • Police cannot hold a vehicle for more than 48 hours without a court order.
  • The owner of the vehicle may be able to access the vehicle while it is in the possession of the police.
  • The owner of the vehicle may be able to reclaim the vehicle once the investigation is complete.
  • The owner of the vehicle can dispute the seizure of the vehicle in court.

How Long Can Police Hold A Vehicle Under Investigation?

How long police can hold a vehicle under investigation depends on the circumstances. 

For example:

  • minor traffic violations: a few days
  • murder charges: a few weeks to months

Police can hold a vehicle:

  • for a reasonable amount of time
  • long enough to investigate whether it got used in a crime

Police normally release a vehicle within a few days following their investigation. 

But, sometimes the vehicle is a key piece of evidence in a criminal investigation. 

The police can hold a vehicle for weeks or even months until the investigation is complete. 

The police may also impound a vehicle during the investigation. 

They can also take steps to secure the vehicle until the investigation is complete. 

They do this by placing a lien on your car. 

A lien on a car serves to secure a vehicle while it is under investigation. 

It ensures that the vehicle remains in the same condition that it was in when it got impounded. 

A lien on a car will:

  • prevent the owner from transferring ownership or selling the car
  • allow police to take possession of the car if the owner does not follow their requests

This ensures that the vehicle gets preserved as evidence for the investigation.

The police may give a vehicle back to its owner while they are still conducting an investigation. 

This may get done to avoid having to impound the vehicle for an extended period of time. 

Let’s say the police do decide to give the vehicle back while they are still investigating. 

Placing a lien on the car allows them to take possession of the car if you do not comply. 

This ensures that the vehicle:

  • gets preserved as evidence for the investigation
  • is not tampered with in any way

Read More: What Happens If Your Car Is Impounded By Police?

Can The Police Take Your Car?

Yes, the police can take your car. 

Police will take your car if:

  • it got used in a crime
  • it got abandoned

In some areas, a court order is required for police to take your car. 

Police need a court order to take your car for things like:

  • driving under the influence of drugs or alcohol
  • grand theft auto
  • drug-related crimes
  • vehicular manslaughter
  • illegal street racing

Police do not need a court order to take your car for things like:

The police must be acting within their legal bounds to take possession of a car. 

How Long Can Police Hold Your Car In Impound?

How long police can hold your car in impound ranges from 30 – 90 days. 

It depends on the state that you live in. 

Some states allow police to hold your car in impound until the investigation is over. 

This could be years in some cases. 

Examples of these states are:

StateHow Long Police Can Hold Your Car
Alabama30 days
Alaska30 days
Arizona30 days
Arkansas30 days
California30 days
Colorado60 days
Connecticut30 days
Delaware30 days
Florida30 days
Georgia90 days
Hawaii30 days
Idaho30 days
Illinois45 days
Indiana30 days
Iowa30 days
Kansas30 days
Kentucky30 days
Louisiana30 days
Maine30 days
Maryland30 days
Massachusetts30 days
Michigan30 days
Minnesota30 days
Mississippi30 days
Missouri30 days
Montana30 days
Nebraska30 days
Nevada30 days
New Hampshire30 days
New Jersey30 days
New Mexico30 days
New York30 days
North Carolina30 days
North Dakota30 days
Ohio30 days
Oklahoma30 days
Oregon30 days
Pennsylvania30 days
Rhode Island30 days
South Carolina30 days
South Dakota30 days
Tennessee30 days
Texas30 days
Utah30 days
Vermont30 days
Virginia30 days
Washington30 days
West Virginia30 days
Wisconsin30 days

Let’s say your car is not claimed within the legal time period. 

It may be subjected to a public auction. 

To claim your car and avoid it going to auction, you must:

  • contact the police department that impounded it
  • provide proof of ownership

This proof can include:

  • your driver’s license
  • registration
  • proof of insurance

You may also have to pay fines or other fees to have your car released. 

This depends on the state and the severity of the offense.

But the police department may also make you:

  • appear in court
  • prove your identity

How Long Can Police Hold Your Car For Evidence?

The police can hold your car for evidence for as long as necessary to investigate a crime. 

The length of time that a car can be held for evidence depends on:

  • the complexity of the case
  • the availability of evidence

Generally, the police will not keep a car in evidence for more than a few weeks. 

They need this time to make sure that the evidence gets preserved and collected. 

Also, the police may need to have the car examined by a forensic expert. 

This could take several months. 

Sometimes the police may need to keep the car in evidence until the case has been resolved.

How Long Can Police Hold Property Without Charges?

How long police can hold property without charges can vary from one state to another. 

And it is dependent on the type of property getting held. 

Police can hold onto the seized property until the conclusion of:

  • the investigation
  • the criminal case against the owner

Police can hold onto the seized property for up to 90 days without charges. 

But, police have to file a motion with a court for an order to keep the property past 90 days. 

You should talk to a criminal defense lawyer if the police are holding your car.

How To Get A Seized Vehicle Back

Let’s talk about how to get a seized vehicle back. 

The steps to get your can back from the police are:

  1. Contact the police department that confiscated your vehicle. 
  2. Inquire about the process for reclaiming the vehicle. 
  3. Gather all necessary documents (i.e.,  title and registration)
  4. Pay any applicable fines or fees.
  5. Either pick up the vehicle or wait for it to be auctioned off. 
  6. For a vehicle being auctioned off, place a bid and attempt to win the auction. 
  7. Once you have won the auction, pay the auction fees and pick up the vehicle.

FAQs About Police Holding Vehicles Under Investigation

Here are other questions clients ask us about police holding their vehicles for investigations. 

Can Police Seize Your Car For Drugs?

Yes, police can seize your car for drugs. 

This is usually done if:

The police have the right to seize and impound a car without a warrant

But only if they have probable cause that the car was being used to commit a crime. 

They may also seize a car if it is linked to a drug-related crime.

The police can auction off the car if it’s not claimed in a certain amount of time.

Can Police Seize A Financed Car?

In many cases, police can seize a financed car.

The lender then has the right to reclaim the car.

But the borrower must pay back the loan in full.

The police have the authority to seize a financed car.

But the lender retains the right to reclaim it.

Why Would Police Put A Hold On A Vehicle?

Police may put a hold on a vehicle if they believe it is:

  • evidence in a criminal investigation
  • suspected of being used in criminal activities

A lien gets placed on a vehicle to prevent it from:

  • being sold
  • getting transferred to a new owner

The police need a chance:

  • to process it
  • to determine if it needs to get kept as evidence

A hold may also be placed on a vehicle if:

  • the owner is suspected of criminal activity
  • the vehicle is registered to someone who is a suspect in a crime

Police may put a hold on a vehicle if they think it has been stolen. 

The purpose of the hold is to give the police time to investigate the vehicle. 

And to determine if it is connected to criminal activity.

What Happens To Cars Seized By The Police?

When a car is seized by the police, it is typically taken to a police impound lot. 

 The police will then hold the vehicle:

  • while they investigate the case
  • until the case is resolved

The vehicle may be:

  • returned to its owner
  • sold at auction
  • salvaged

Where Do Police Take Seized Cars?

Police will take the car to an impound lot. 

It will get held until it is either released or sold at an auction.

Getting Your Car Back From The Police

If your car was confiscated by the police, fill out the form on this page.

Our criminal defense attorneys have the experience you need to defend your rights.

This way, you don’t wrongfully lose your car.

You deserve a fair trial in the criminal justice system.

We can provide you with that.

Talk soon.

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