# is it illegal to block in a car taking up your space to wait for tow truck?

**URL:** <https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405>\
**Category:** Factual Questions\
**Created:** [September 15, 2018, 8:24pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405 "2018-09-15T20:24:42Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\
**Post date:** [September 16, 2018, 12:26am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/41 "2018-09-16T00:26:47Z")

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> [@helpmeout](#):
>
> If they want a law suit I will give them a law suit. I have a lawyer handy, as I have said why take my parking spot if there is free parking spot that nobody parks at which is up on a hill. Like I said not my fault if they cant park on a hill.

If you have a lawyer handy in your still unnamed state, why don’t you ask them, rather than inconveniencing the people of this board? Your lawyer will also tell you it’s a bad idea though, so maybe you’ll be better off finding a yes man who will agree with your position.

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**Author:** ![dgrdfd](https://avatars.discourse-cdn.com/v4/letter/d/eb8c5e/32.png) [@dgrdfd](https://boards.straightdope.com/u/dgrdfd)\
**Post date:** [September 16, 2018, 12:27am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/42 "2018-09-16T00:27:18Z")

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Ooh, boy. So OP illegally parks such as to block in the persons illegally parking. Calls a tow truck. Person being blocked calls the police. Everyone is standing there. Tow truck driver can’t tow because someone is in the car. Persona illegally parked just wants to leave. Police are there because OP is illegally detaining someone who wants to leave the premises. Who is everyone mad at?

Best possible outcome is the OP is cited / detained for an illegal citizens arrest or detaining someone against their will. That’s if he isn’t murdered or his ass beat first. Seriously OP run this scenario by your grandkids before you implement it.

OP scenario would make for a funny sitcom episode.

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**Author:** ![helpmeout](https://avatars.discourse-cdn.com/v4/letter/h/49beb7/32.png) [@helpmeout](https://boards.straightdope.com/u/helpmeout)\
**Post date:** [September 16, 2018, 12:28am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/43 "2018-09-16T00:28:37Z")

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> [@K2500](#):
>
> You’re assuming you will win.

Not assuming, I know as the parking space is my property. I have papers on me that says I own that space so it is my property. When showed in court I would be laughing my ass of because you wanted to save 5 minutes of your time parking in someones space and I would hear cha ching.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 16, 2018, 12:29am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/44 "2018-09-16T00:29:16Z")

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> [@helpmeout](#):
>
> Not really, Just a answer to my question.
> 
> They will be paying me more if I sue them. I am sure that I would win that.
> 
> MD why can’t you see in the picture?

According to [this site](https://extension.umd.edu/learn/can-i-make-citizen%E2%80%99s-arrest):

> [@](#):
>
> Maryland’s Court of Appeals has found that at common law private citizens and peace officers have the right to make arrests of those suspected of committing a crime. In Maryland in order to have the authority to make a citizen’s arrest, a public citizen must meet some qualifications: 1) a felony (such as murder in the first degree or theft of at least $1,000) was committed in their presence; 2) the public citizen has reasonable grounds to believe the detained person committed a felony; or 3) the person committed a misdemeanor (such as trespass, or thefts under $1,000) which amounts to a breach of the peace in the presence or sight of the arresting citizen.

1. Does what you want to do fall under any of those qualifications?
2. Do you understand that, even if what you want to do qualifies as a citizen’s arrest in Maryland, you have to detain them until they are handed over to an officer of the law, _not_ just a tow truck driver?

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**Author:** ![Channing\_Idaho\_Banks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/channing_idaho_banks/32/250_2.png) [@Channing\_Idaho\_Banks](https://boards.straightdope.com/u/Channing_Idaho_Banks)\
**Post date:** [September 16, 2018, 12:29am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/45 "2018-09-16T00:29:44Z")

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Next time let the air out of all of their tires and then that person will have to call a tow truck, not you.

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**Author:** ![Twoflower](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/twoflower/32/22_2.png) [@Twoflower](https://boards.straightdope.com/u/Twoflower)\
**Post date:** [September 16, 2018, 12:34am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/46 "2018-09-16T00:34:01Z")

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According to your sign, you’ll get towed for double parking. And they’d have to take you first to get access to the other guy. I assume your HOA has some procedure in place to deal with parking complaints; maybe you should check that out.

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**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\
**Post date:** [September 16, 2018, 12:34am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/47 "2018-09-16T00:34:32Z")

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> [@helpmeout](#):
>
> Not assuming, I know as the parking space is my property. I have papers on me that says I own that space so it is my property. When showed in court I would be laughing my ass of because you wanted to save 5 minutes of your time parking in someones space and I would hear cha ching.

If you were only deprived of five minutes and had nothing better to do with that five minutes than block them in and throw a fit, I’d say the whole thing is a tie.

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**Author:** ![helpmeout](https://avatars.discourse-cdn.com/v4/letter/h/49beb7/32.png) [@helpmeout](https://boards.straightdope.com/u/helpmeout)\
**Post date:** [September 16, 2018, 12:35am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/48 "2018-09-16T00:35:05Z")

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> [@Czarcasm](#):
>
> According to [this site](https://extension.umd.edu/learn/can-i-make-citizen%E2%80%99s-arrest):
> 
> 1. Does what you want to do fall under any of those qualifications?
> 2. Do you understand that, even if what you want to do qualifies as a citizen’s arrest in Maryland, you have to detain them until they are handed over to an officer of the law, _not_ just a tow truck driver?

That is consider trespassing as that one parking spot that is assigned to me is mine until I move out.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [September 16, 2018, 12:36am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/49 "2018-09-16T00:36:07Z")

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> [@Channing\_Idaho\_Banks](#):
>
> Next time let the air out of all of their tires and then that person will have to call a tow truck, not you.

What would you do if you caught someone letting the air out of your tires?

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [September 16, 2018, 12:37am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/50 "2018-09-16T00:37:38Z")

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> [@helpmeout](#):
>
> That is consider trespassing as that one parking spot that is assigned to me is mine until I move out.

Are you a lawyer?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 16, 2018, 12:37am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/51 "2018-09-16T00:37:46Z")

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> [@helpmeout](#):
>
> Not assuming, I know as the parking space is my property. I have papers on me that says I own that space so it is my property. When showed in court I would be laughing my ass of because you wanted to save 5 minutes of your time parking in someones space and I would hear cha ching.

No-any lawyer willing to take money from you to pursue this will be the one hearing “cha-ching”. I certainly hope that yours is ethical enough to tell you to back off.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 16, 2018, 12:38am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/52 "2018-09-16T00:38:48Z")

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> [@helpmeout](#):
>
> That is consider trespassing as that one parking spot that is assigned to me is mine until I move out.

Do you understand the questions I asked you?

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**Author:** ![helpmeout](https://avatars.discourse-cdn.com/v4/letter/h/49beb7/32.png) [@helpmeout](https://boards.straightdope.com/u/helpmeout)\
**Post date:** [September 16, 2018, 12:39am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/53 "2018-09-16T00:39:56Z")

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> [@Fear\_Itself](#):
>
> Are you a lawyer?

I am paying by law for that parking space so yes it makes it mine because all the legal shit is on paper that says I own that spot so likely yes its my property until I leave. Like I said park in a damn free space instead of parking in my space and I don’t care if you’re visiting your family,friends or clients.

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**Author:** ![SuperAbe](https://avatars.discourse-cdn.com/v4/letter/s/f17d59/32.png) [@SuperAbe](https://boards.straightdope.com/u/SuperAbe)\
**Post date:** [September 16, 2018, 12:39am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/54 "2018-09-16T00:39:58Z")

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> [@helpmeout](#):
>
> If they want a law suit I will give them a law suit. I have a lawyer handy, as I have said why take my parking spot if there is free parking spot that nobody parks at which is up on a hill. Like I said not my fault if they cant park on a hill.

Right, but it _is_ your fault when you decide you want to address the the issue through extra-legal means. Wanting to teach someone a lesson is not a legally-recognized reason for much of anything.

This is America - you can sue anyone for anything. That said, your lawyer-waving will almost certainly fail out of the gate for All The Reasons - not the least of which is lack of standing: while you’re pissed-off that someone is in your spot, the amount of economic harm you’re suffering is probably grossly insufficient to persuade a court to take you seriously. Plus, you’re renting a spot: your redress should be through the individual or company whose lax enforcement of parking rules is leading to your distressed state. (NB: IANAL)

Finally, the law is what it is: a societal attempt to keep us all from killing each other on a daily basis for silly reasons. In a week or two I think you’ll have cooled off enough to see this. Or we’ll read about you in a road rage story with a depressingly predictable outcome.

I hope it’s the first one.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [September 16, 2018, 12:41am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/55 "2018-09-16T00:41:15Z")

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> [@Twoflower](#):
>
> According to your sign, you’ll get towed for double parking. And they’d have to take you first to get access to the other guy. I assume your HOA has some procedure in place to deal with parking complaints; maybe you should check that out.

That’s a good point. What if the guy waits until the tow truck arrives and the car behind him moves, then he just backs out and leaves?

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**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\
**Post date:** [September 16, 2018, 12:42am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/56 "2018-09-16T00:42:26Z")

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> [@helpmeout](#):
>
> Not assuming, I know as the parking space is my property. I have papers on me that says I own that space so it is my property. When showed in court I would be laughing my ass of because you wanted to save 5 minutes of your time parking in someones space and I would hear cha ching.

In what reality do you live in that you think such a case would make a ‘cha ching’ sound? As far as I know there are no statutory damages for occupying a parking space. That limits your damages to actual monetary loss you incurred. As allowing them to leave would mitigate your damages, you couldn’t include that additional time. Also nothing about your state or this situation would be an exception to the American Rule, so any attorney fees you accumulate are paid by you, not the defendant.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [September 16, 2018, 12:42am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/57 "2018-09-16T00:42:43Z")

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> [@helpmeout](#):
>
> I am paying by law for that parking space so yes it makes it mine because all the legal shit is on paper that says I own that spot so likely yes its my property until I leave. Like I said park in a damn free space instead of parking in my space and I don’t care if you’re visiting your family,friends or clients.

You are renting the space. It is part of your rental agreement.

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**Author:** ![helpmeout](https://avatars.discourse-cdn.com/v4/letter/h/49beb7/32.png) [@helpmeout](https://boards.straightdope.com/u/helpmeout)\
**Post date:** [September 16, 2018, 12:43am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/58 "2018-09-16T00:43:44Z")

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> [@Czarcasm](#):
>
> You are renting the space. It is part of your rental agreement.

I am not renting. I own the house.

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**Author:** ![K2500](https://avatars.discourse-cdn.com/v4/letter/k/f6c823/32.png) [@K2500](https://boards.straightdope.com/u/K2500)\
**Post date:** [September 16, 2018, 12:44am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/59 "2018-09-16T00:44:25Z")

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> [@helpmeout](#):
>
> I am not renting. I own the house.

Not the same as owning the parking space.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [September 16, 2018, 12:49am UTC](https://boards.straightdope.com/t/is-it-illegal-to-block-in-a-car-taking-up-your-space-to-wait-for-tow-truck/821405/60 "2018-09-16T00:49:02Z")

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> [@Tim\_T-Bonham.net](#):
>
> I don’t know where you get that idea. It’s certainly not true in all jurisdictions.
> 
> It’s pretty common for people to try to stop a repo towing of a car by either sitting in it, or by putting their child in the car(!), thinking that will stop the repo. It won’t, though it might delay it a while. The tow company will just call the police, who will look at the repo paperwork and then make them get out of the car.

A repo is a completely different circumstance. With a repo there is a repossession order signed by a judge. But as you say, even then the driver will call the police and not attempt to tow with someone in the vehicle.

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