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Part 3: Illegal Substances, Property Belonging To A Third Party Found In Repossessed Vehicle--Now What?


In Part 1 of this blog, we asked some of our dealers for examples of unique items that they found in a repossessed vehicle . . . 

In Part 1 of this blog, we asked some of our dealers for examples of unique items that they found in a repossessed vehicle and received the following items: aftermarket tires and wheels, an illegal substance, and an ignition interlock device. In Part 2, we discussed the aftermarket tires and wheels, and in this third and last part of the series, we will discuss how to handle other examples dealers might find after repossessing a vehicle, including an ignition interlock device, illegal substances, and similar situations.
 
Property Belonging to a Third Party

A breathalyzer installed in a vehicle is unique, but this issue appears more often than with just a breathalyzer. Other examples I can think of are a prescription bottle, driver's license, or credit card that belongs to a person other than the debtor that is in the vehicle when a repossession occurs. When possible, it is best to get written permission from the debtor or have the debtor receive the property. Unfortunately, not all debtors are responsive, or they may be unable to respond, which causes this answer to not always be helpful in some instances. A general rule is if you can determine the rightful owner of the property beyond a reasonable doubt you may choose to release the property to the rightful owner. If you choose to do this, you should have a written policy in place and follow it to ensure you apply the policy evenly. I would also document who you gave the property to by making a copy of their state issued identification and make a note of how you determined they were the rightful owner. Lastly, with any equipment that is installed such as a breathalyzer you may want to have the owner uninstall it for you as this will avoid any claims that you damaged the property while removing it.
 
Illegal Substances

In nearly all circumstances, a dealer is well within their rights to report any illicit items found inside of a vehicle to law enforcement. While there is understandable concern that reporting this might violate a customer's privacy, that concern is outweighed by the dealer's interest in protecting themselves from any liability associated with the illicit item.
If a dealer finds drugs, drug paraphernalia, or anything that appears to be evidence of a crime, then it is a good idea to notify law enforcement immediately. A dealer may have a far bigger problem on their hands if anyone discovered such items on the dealer's property and the dealer was forced to explain that the contraband does not belong to them. 
 

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