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I'm not optimistic although if they had notice he was unfit maybe you have an argument.*
My neighbor got into some trouble this summer. Got in an accident, left the scene, police showed up at his house, found out he was drunk, and then he resisted arrest. So a litany of charges. He lived alone and apparently was somewhat estranged from his family.
Turns out he was having some mental issues, potentially exacerbated by a head injury he suffered either the day of or shortly before all this happened. He was declared unfit for trial and has been in some sort of treatment center since this happened.
Police towed his vehicle. Then started sending registered letters to his house (remember, he lived alone) telling him to come get his vehicle from the impound lot. Nobody was checking his mail, and he was committed by order of the court, so nobody was seeing these letters.
Apparently at some point his sister in Oklahoma was contacted (we think because she might have been on title to one of his cars, that he apparently drove on a flat tire trying to get it to a shop, couldn't get there, and left it parked behind a Walmart about the same time this happened). They finally called the cops, and the cops got a hold of her a couple of days ago. She knew nothing about what had happened, so she came up here to check on him and to check on the house and his dog (which we've been caring for since this happened-dog got left outside and had been out for about a week, bad weather was coming, so we brought her over here to take care of until he got out (which we thought would be a couple of days, but has been almost 4 months now).
So she's going through the mail, finds these registered letters, and calls the police. They tell her that since he didn't respond, they had the vehicle destroyed. This is the same police department that arrested him 4 months ago, and the case is still active in our county.
She's really pissed off about the vehicle getting destroyed (it was a Hummer H2-not real new or anything, but worth some money, and supposedly not damaged badly by the accident). Not only is he out the vehicle, but apparently he's very attached to it. Does she have any sort of recourse against the police, since they should have known (given that they arrested him in the first place) that he was committed by the court and wasn't getting their registered letters?
Lawtalkers....give me your thoughts on this. - Illiniphil December 6, 2018, 18:55:38
- Cops are terrible - ATL December 6, 2018, 21:48:43
- I'm not optimistic although if they had notice he was unfit maybe you have an argument.* - DoucheLaloosh December 6, 2018, 21:44:50
- Tend to agree with below answers, but might be worth having someone look into it. - SurfTheBoneyard December 6, 2018, 20:23:40
- Guessing no* - gvibes December 6, 2018, 20:15:25
- No as long as the correct abandonment process was followed* - Drippy December 6, 2018, 19:10:22
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