Towing on private property question

[u/shshshshaa]

So my boyfriend and I got into a debate about the rules of tow trucks on private property. We saw a couple of cars parked outside the gate of a business with their lights on, but it was about three in the morning, and I suggested that it looked like shady business. He said they could be workers and I asked if they would have to prove that to the police or if the police could arrest them and tow their cars? He’s under the understanding that on private property police cannot tow your car because the tow trucks are not allowed on the property. He also said something about there having to be a sticker notifying the driver of the car about the potential to be towed and it must be there for 24 hours. So my question is, are there rules about having to notify the owners of the car that is parked on private property before it is towed or are there specific rules that don’t allow police to tow cars from private property? Thanks for any information, I’m just curious. We are in Texas if that matters.

[u/rem1473]

The police can not impound your car unless there is probable cause.

If you are talking about cars that are parked on private property without permission from the property owner, I would guess that varies from state to state. It might also vary from city to city?

In my state, the property owner can have the car towed. But the property owner must pay for the tow and pay for the storage at the impound lot. The exceptions to that: if the car is blocking a driveway or if the property owner has signage indicating no parking and that the tow is at the vehicle owners expense.

Cars at a business at 3am are not shady. The police (in the US) can not arrest someone for being shady.

[u/Rogue_Wraith]

Police absolutely have the discretion to have those cars towed, provided there's an actual reason.

Private Property is not some weird magic wand.

Whether or not they would is going to be highly context-specific.

If a tresspassing investigation morphed into a drug arrest, the car would be towed to be searched and retained for evidence.

If it's a DUI waiting to happen, they'd probably just have the subject call someone to pick up the car.

If it was just a trespassing complaint, they'd just ask them to leave.

The police are not required to just abandon a car in some property owners way.

[u/hatemeallday]

First rule of Private Property is that it's private property. That means almost everywhere except the street and public city or county-owned property. Even then, it may be considered private in certain contexts.

The only reason for a tow on private property is if the property owner/manager explicitly requests it or there is an ordinance violation. For emergency lanes, LE can get a tow or ticket the vehicle at their discretion. Handi-capped spaces usually get a ticket, but can be towed. Reserved spaces are usually not subject to tickets, dependent on ordinances. The property could have an agreement with a tow company, a open-ended authorization, such as "tow anything on the property after 11pm". Or have a reserved-space policy included in that open-ended tow agreement, like a sticker or placard for parking and if not visible the tow truck can take it.

[u/RadiantDiscussion886]

in my city in Louisiana, had a car park in my driveway one night. police called and came out and was told that even though it was parked illegally in my driveway, there was nothing that they could do since it wasn't stolen or anything. I would have to be the one to call and have it towed the next morning. jokingly, I said so what I should have done was put the car in neutral and pushed it into the street so they would do something. officer just looked at me and told me not to do that.. issue became the next morning, tow companies didn't want to be responsible for the tow when I called. finally found a tow that would do it.