Searches, Seizures & Police Encounters

Can they search my car after they tow it?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Under the inventory exception, yes — if the tow was lawful and the search followed the agency's own procedures.

Yes, but both conditions matter, and each is a separate challenge.

Was the impound lawful? Not every arrest justifies towing. Where a licensed driver was present who could have taken the vehicle, where the car was legally parked on private property, or where department policy didn't call for a tow, the impound itself is attackable — and if it fails, the inventory that followed goes with it.

Did the search follow policy? Standardized procedures govern what gets opened. Officers who open sealed containers the policy doesn't cover, or who inventory selectively, have exceeded the exception.

A pattern worth noting: where the record shows the tow decision was made in order to enable a search, courts treat that differently than a genuine impound. What the officers said to each other at the scene, captured on body cam, sometimes answers that directly.

The tow decision is challengeable, and if it falls, the search falls with it. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.