Another assumption I had wrong.

Even though they are not outlined in The Constitution, there are a couple of rights that I assume are unalienable facts. Today I found out that on at least one of these things, I am wrong.

I was under the assumption that unless you have committed a crime, a warrant has been issued, or there is a clear and immediate life-threatening emergency no one is allowed to enter a locked vehicle without the consent of the owner. Today however, I watched a tow truck driver break into someone’s car to straighten the wheels out. I called two different police departments to ask about this and both of them told me that this was legal, although no one could tell me where this is found in the VA law books. So I did some research.

First off lets look at one of the laws about breaking into a car:

§ 18.2-147. Entering or setting in motion, vehicle, aircraft, boat, locomotive or rolling stock of railroad; exceptions.

Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be guilty of a Class 1 misdemeanor, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty. 

The problem – Every law I could find about entering a vehicle without permission has this simple catch: INTENT TO COMMIT. I’m certainly hoping I missed something, but I could not find a single instance where it was punishable to simply enter a locked car without permission. You have to show intent to commit a crime. Since tow truck drivers are not intending to commit a crime (one hopes), and they did not damage the car in the process,  it is argued that this does not apply to them.

So what does the Law say specifically about tow truck drivers entering your car? NOTHING! I read the entire section of law regarding tow trucks today and not once does it even discuss entering the vehicle. But it does show some other concerning facts:

Prior Convictions:

According to § 46.2-2814.1, no person can be denied the right to be a tow truck driver simply because they happen to be a felon, unless their conviction is directly related to theft of cars, or sexual assault.  But if you’re a murderer, art thief, con artists, or arms dealer you can still have a job, which allows you to break into people’s cars.

I’m hoping to talk to some other legal peeps and get to the bottom of this, but until then…

GOOD NEWS FOR YOU!

There is some light at the end of this tunnel. I did find one law that is actually in your favor: If you get to a tow truck before he tows your car away, he legally has to give it back and can only charge you $25. If he tries say no, here is the law.

§ 46.2-1231.

Notwithstanding the foregoing provisions of this section, if the owner or representative or agent of the owner of the trespassing vehicle is present and removes the trespassing vehicle from the premises before it is actually towed, the trespassing vehicle shall not be towed, but the owner or representative or agent of the owner of the trespassing vehicle shall be liable for a reasonable fee, not to exceed $25 or such other limit as the governing body of the county, city, or town may set by ordinance, in lieu of towing.