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Denied making a police report

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mpuente77

Junior Member
What is the name of your state? California
My main question is: I would like to find out what my rights are in regards to filing a police report in the city of Los Angeles. I left for the weekend on a Friday and came home that Monday to find out my girlfriend’s car (which is under my name) was taken from my apartment building over the weekend. I went in to the police station to make a stolen vehicle report but was told that the vehicle had been recovered and was sitting in a tow yard. Because it had been found and was being held by a tow yard, I was told that I could not make a stolen vehicle or stolen property report of any kind. I told them that it didn’t matter if it had been found, because I wanted to make a report on the fact that it was taken from my home. I was denied a report and was asked to come back and speak to an Auto Detective the next day. Meanwhile I took the car out of the tow yard that day and was told by the towing company that my car had been picked up for being parked at a near by apartment building in their visitors parking stall. A tenant from the apartment had called this private tow company to pick it up because they didn’t recognize it. I told this to the Auto Detective the next day with the conclusion that it had probably been taken from my home for a joy ride and then brought back and was left parked at the near by apartment. The detective called the tow company to confirm but the tow company refused to give testimony for legal purposes on whether it had been stolen or not. But they did say where it was picked from and that a person from that apartment had called them. Because of this I was denied a stolen vehicle report again. The detective decided he thought I was lying and had parked it there purposely myself and then reminded me that it was a felony to make a false report. I explained to him that I was gone for the weekend and I assured him that I was telling the truth. I did not understand why his opinion overruled what I knew was a fact. My car was taken without my permission from my home. I came back a third time to speak with the lieutenant. This time a came back with a copy of vehicle code 10851 which in brief states that any vehicle taken without the owners consent is considered a stolen vehicle and told the lieutenant that I wanted to file the report under that law. Again I was denied the report. Please help. I want to make a complaint but need to know if I have the right to make a police report whether or not the officer or detectives believe me. What are my rights as a citizen?

I left my story as brief as possible and left out the smaller detail. If something does not make sense or is unclear please let me know. Thank you.
 


CdwJava

Senior Member
You can talk to the lieutenant's supervisor, but there is no law requiring the police to take a theft report. It sounds as if they do not believe the car was stolen.

At this point, what good would the report do anyway? is there some magical thing that will happen if a report is taken? Do you need it for an insurance claim or something?

Do you have any idea how the car got to the other apartment complex? Unless the ignition was punched or it was hot wired, I can see why the police are skeptical.

- Carl
 

dallas702

Senior Member
If you can't show some kind of proof that the car was actually stolen it will be treated as towed because it was "illegally" parked. You have nowhere to go with this, except you might ask your gf why the car was somewhere else. You might not like the answer, though.

Your beef is with the tow company for taking the car from a "visitor's" parking space at the request of a tenant. I believe that is illegal.
 
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mpuente77

Junior Member
Thanks for the help

I appreciate the time taken by both parties to help me with my question. I will proceed to file a small claim against the tow company but will leave my complaint alone with the police department.
 

CdwJava

Senior Member
Did the tow company ever tell you why they towed it? If the property was properly posted, the manager or his/her agent could authorize the two from the property. If the tow company and the management followed the law, you would have no recourse against them.

- Carl
 

dallas702

Senior Member
CdwJava said:
Did the tow company ever tell you why they towed it? If the property was properly posted, the manager or his/her agent could authorize the two from the property. If the tow company and the management followed the law, you would have no recourse against them.

- Carl

And again, in most states they can't tow just because some tenant or crank calls them.
 

CdwJava

Senior Member
dallas702 said:
And again, in most states they can't tow just because some tenant or crank calls them.
Not legally. But, sadly, there have been a large number of instances - particularly in larger cities - where tow companies and property managers play fast and loose with the law and will do just that.

- Carl
 

mpuente77

Junior Member
The tow company that my car had been towed because a building manager had called when they noticed an unrecognized car in one of their stalls. When I received the official paperwork from the tow company with the manager’s information, I called but the phone number that was left was not for the person who had signed off on the paperwork. I did this in front of the tow company and also had the police detective call the number himself. To me this was some sort of fraud, but somehow both the tow company and the detective made nothing of it. I went to the building and found out that the person who did call was a tenant but not a manager or landlord. After receive advise to go after the tow company, I looked up the laws and vehicle codes and found out that they did not follow on removing a car from a private property. I have now filed a claim in small claims court and am waiting for my court date. My last question is: If they are found to be guilty under this civil case, can I use the same information in a criminal case or to report their fraudulent and malicious activity?

-mpuente
 

CdwJava

Senior Member
Its civil, not likely criminal. It would depend on the details, but I seriously doubt the police are going to spend a lot of time looking in to the matter even if it is reported to them.

Sin ce the law provides penalties for failure to comply, then that is the avenue that should be followed.

- Carl
 

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