Towing From Lots Owned by Private Businesses

Subject:

Requested By: Chief F. M. Woodley Plymouth Police Department

Questions: Should city police have vehicles towed from private restaurant parking lots upon request of the owner of the restaurant?

 

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2. Does the city police department have any obligation to arrest persons loitering in private restaurant parking lots?

    

Conclusions: No. The city police should not have vehicles towed from private property unless the owner or occupant of the property is willing to put his request for towing in writing. This writing should evidence the intentions of the owner in assuming responsibility for damages arising from the towing.

 

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2. NOTE: Towing statutes have become suspect after recent cases such as Huemmer v. Ocean City, 632 F.2d 371 (4th Cir.) 1980), and Stypmann v. City & Cty. of San Francisco, 577 F.2d 1338 (9th Cir. 1977). Huemmer and Stypmann held that the vehicle operator must be notified and given a hearing on the legality of the towing. If the towing was not justified, the operator has a right to damages and the return of his vehicle.
1. No. The city police has no obligation to arrest persons loitering on private property unless the owner of the property secures a warrant.

    

NOTE: The owner of the property, after making proper requests to leave the premises, may pursue the removal of such loitering persons by executing a warrant for trespassing.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General