Can a officer deny allowing me to file a police report?

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Can a officer deny allowing me to file a police report?

I want to file a theft report against the tow company that impounded my car. However the officer would not fill out a report because he said its my word against theirs. I think his station has a relationship with the tow company because that’s who they call when they want a car towed. I have proof that they stole from me.

Asked on September 30, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Really they have to let you file a report if in fact you believe that it was stolen and not legitimately towed.  Ask to file it as  missing/stolen vehicle report and see what happens.  What they can not do is write it up as a theft against the towing company.  That would be making a legal assumption and they do not have the authority to do so.  It will then be your obligation to take the towing company to court and to prove that they in fact took the car.  The reason that the police do not want to get involved is that they have an obligation to investigate the missing vehicle and they do not want to arrest a party if they find it if it turns out to be a monetary dispute.  See the issue here?  Seek legal counsel in your area for help.


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