{"id":7505,"date":"2023-10-27T15:26:13","date_gmt":"2023-10-27T15:26:13","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7505"},"modified":"2026-09-17T07:05:18","modified_gmt":"2026-09-17T14:05:18","slug":"towing-a-rental-car","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7505","title":{"rendered":"Towing a Rental Car"},"content":{"rendered":"

Hello everyone.\u00a0 It’s Anthony Bandiero, attorney and legal instructor for Blue to Gold Law Enforcement Training.\u00a0 Here is today’s question.\u00a0 Can cops automatically tow a rental car if the driver is not on the rental agreement? <\/strong><\/p>\n

Well, the answer is that we don’t really have a lot of case on this very issue.\u00a0 Because really, it’s necessarily going to be a search or seizure issue.\u00a0 It may come up if drugs are found and so forth, but fundamentally, it’s a tort claim.<\/p>\n

So here is my advice. \u00a0It’s a civil issue.<\/strong><\/p>\n

Is an unauthorized rental driver committing a crime?<\/h2>\n

You are a criminal investigator, you investigate crimes.\u00a0 Is there a crime being committed in your presence by a non-authorized driver driving the Hertz or Enterprise rental car?\u00a0 I don’t see it.\u00a0 Do you have a law that says they can’t do it?\u00a0 If you do, that’s a different story.\u00a0 But if they have a valid license, and the car is not reported, stolen, embezzled, and so forth, it’s not your fight.\u00a0 That’s between them and Hertz.<\/p>\n

If Hertz has a problem with what they’re doing, and they find out about it, then they can call a lawyer.\u00a0 Now, does this prevent you from calling the rental company and letting them know what’s going on with their car?\u00a0 No, I don’t see a problem with that.\u00a0 That would fall under committee caretaking.<\/p>\n

Do you reasonably believe that Hertz may want to recover their car if they find out that a non- authorized driver is driving it because that person may not have insurance, may not have a license, and therefore their vehicle may be damaged?\u00a0 Absolutely!\u00a0 Go ahead and call the rental company and ask them what they want to do.<\/p>\n

But don’t forget a couple of things.\u00a0 Number one, it’s the rental car company\u2019s choice.\u00a0 It’s not your choice.\u00a0 It’s not your car.\u00a0 Don’t say stuff like, \u201cI think you should tow it.\u201d\u00a0 Just say, \u201cLook, this is what I got monitoring a traffic stop.\u00a0 What do you want to do?\u201d<\/p>\n

Can the rental company consent to a search of the car?<\/h2>\n

The other thing that cops ask me, while we’re talking about rental cars, is; \u201cAnthony, can Hertz give me consent to search<\/a> that car?\u201d\u00a0 Absolutely not!\u00a0 Not until the point that they recover it. Now, if they recover it because of violation of the contract, then Hertz can give you consent to search the car.\u00a0 You may search it anyway under inventory.<\/p>\n

But that doesn’t answer the one burning question which is, \u201cWhat about their backpack?\u201d\u00a0 Can Hertz give you consent to search that driver\u2019s backpack?\u00a0 Of course, not. The answer is \u201cNo.\u201d<\/p>\n

Also, you’re going to have to let them (the driver) grab their stuff, get some reasonable accommodation.\u00a0 If they want to grab their purse or grab their backpack and walk, and it’s a street and it’s not a highway where they can’t, then why would you prevent them from doing that?<\/p>\n

If you have to transport them off the highway, and you start looking into their backpack, the courts going to want to know why you did that.\u00a0 Most courts want to see that you secured that backpack in the trunk, not searching it.<\/p>\n

Do you have authority to tow a rental car over an agreement violation?<\/h2>\n

Can you get consent?\u00a0 Most likely.\u00a0 But you see my point.\u00a0 So these issues are a little tricky. But as far as what the cop is saying, that they believe that they can automatically tow a vehicle<\/a> with a non-authorized driver, I just don’t see the authority to do that.<\/p>\n

If your policy says you can do it, then that’s a different story. If you have a law that presumes that cars are driven illegally if it’s not by the authorized driver, then do that.\u00a0 But I don’t know of any law that says that.\u00a0 Otherwise, I don’t see how you have the authority to tow that car.<\/p>\n

All right.\u00a0 I hope it helps, guys.\u00a0 Tell your friends, and until next time, keep doing the great job you’re doing out there!<\/p>\n

Related from Blue to Gold<\/h2>\n