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.
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.
Yesterday it got towed from a spot deep in my driveway.
- I live in Illinois.
- My neighborhood doesn't have a Homeowners association, or anything of that nature.
- Illinois law says vehicles cannot be removed from private property without written consent from the property owner.
- The 4th Amendment protects me from unreasonable seizures of my property.
- In Miranda vs the City of Cornelius, the Ninth Circuit determined their car impound, which was towed from their driveway, was an unreasonable seizure.
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.
Edit 3 years later: 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.