Car Impoundment & Checkpoint Toolkit: Section 6

8/4/2019 Car Impoundment & Checkpoint Toolkit: Section 6

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show proof of insurance. If you aro notthe raplsterpri owner or the registeredowner is not al the scene you mustggraa to sign 9 Hold HarmlessAgreement.If there is not a valldly licensed driver atthe scene you will be allowed 20minutes for a valldly lioanssd driver tocome to Lhc scene and take cnnirrtl offcha vohiols 1 ho driver will also have toshow prooF of insurance If you aro notthe registered owner or the registeredowner Is not at he scene you mustngrae lo sign a Wold HarmlessAgreement.if you do not havo a cell phone or othermeans of communication the orncer, sntheir discretion, may contact theCommunicertions Division for thepurpose of contacting a validly licenseddriver you have identified to take controlof the vehicle. The drlvsr will have loshow proof a< insurance. If you are r\olthe registered owner or the registeredowner is not at the scene you mustagree to sign a Hold HarmlessAgreement.

SFPD -524 (10 /09)

Gl conductor de l vehlculo o cl que 30encuantra en ol Itigary al que usted permlhoque conduzca ol vehlculo liens una llcencievailda y presonla una contfanda dn aoauraSI usted no cs cl proplatarlo replBtrado o si elpropleteno regisirado no se encuantra an ellugar, done aceprnrflrmar un Aouerdo doIiberacl6n de responaabilidados,SI el conductor que SB encuentra an al lugerno tiono Una Pcenda vailda, tenara zo mlnULOSpara qu^ Mn condu ctor con unci hconciA v6lid^se prasanta an al lugar y lome el control delvahlculo. Adem as, el conductor debarspraaantar una constnnola de aeguro. Si ustadno ea si proploiarlo reqlstrado a si elpropietarlo rcglstrado no ae encuentra en oliugnr. dabe acepcar fln-nsr un Aouafdo del lberadon dc rcsponsabllldades.SI no dlFtpana de un tolofono celulor o daotror madloB de cornunloaolin, cl oflolol. QUcrltarlo puedo llamnr a In DlvlBl6n deComumcaoiones a fin da que Be puedacomunlcnr son un conductor quo lcno.3 unnliconclg vailda y al que uslod haya IdenOflcadop^ra qua tome control dol vohfculo. Elconductor deba rs presenter una constanoiade seouro. Si ustorl no es el proplatanoraglstrado o si ol propletarla regisirado no seenouentra an ol lugar, daba acaptar nrmar unAcuordo do llboradon de responssbilldsdp?.

SFPD -S34S (10 /09)

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5/96

To: Chief George Gascn, San Francisco Police Department

Deputy Chief Kevin Cashman, San Francisco Police Department

From: San Francisco Immigrant Rights Defense Committee1, American Civil Liberties

Union of Northern California, and the Lawyers Committee for Civil Rights of the

San Francisco Bay Area

Date: November 3, 2009

Re: Comments on SFPD Bulletin 09-293 (10/16/09)

The Coalition appreciates the San Francisco Police Departments efforts to lessen theharmful impacts of unnecessary vehicle impoundments on San Francisco community members.

We hope that the policy change will result in a significant reduction of unnecessary vehicle

confiscations and, as a result, help to establish stronger relationships between the Department

and community members, particularly in the neighborhoods which have been disproportionatelyaffected by the previous vehicle impoundment policy.

While the Coalition appreciates that the policy has been revised to reduce unnecessary

impoundments, the Coalition remains concerned that the policy as written does not clearly

communicate the desired changes and in fact may not lead to a significant reduction inunnecessary impoundments. In the spirit of cooperation that the Coalition and the Department

have established on this issue, we offer the following comments and suggestions to ensure that

the policy change in fact leads to the desired results.2

1. The twenty-minute window should begin after the driver receives notice of theoption and has had the opportunity to contact a licensed driver to retrieve thevehicle.

The new policy states that officers shall not tow a vehicle if there is a licensed driver . . .

available to come to the scene within 20 minutes of the initial stop. To give drivers adequatetime to contact a licensed driver, the twenty-minute period should start from the time the driver

1The San Francisco Immigrant Rights Defense Committee is a growing alliance of immigrant rights advocates, labor groups,faith leaders, youth advocates, and LGBT activists. The Committee includes the African Immigrant and Refugee ResourceCenter, ALDI, American Immigration Lawyers Association of Northern California, Arab Resource and Organizing Center, Asian

Law Caucus, Asian Youth Advocacy Network, Bay Area Immigrant Rights Coalition, Central American Resource Center,Chinese for Affirmative Action, Communities United Against Violence, Dolores Street Community Services, EBASE, Global

Exchange, H.O.M.E.Y., Filipino Community Center, Immigrant Legal Resource Center, Instituto Familiar de la Raza, La RazaCentro Legal, La Voz Latina, Legal Services for Children, Mission Neighborhood Health Center, Movement for Unconditional

Amnesty, Mujeres Unidas y Activas, National Lawyers Guild--San Francisco Chapter, PODER, POWER, Pride at Work, SFImmigrant Legal & Education Network, SF Labor Council, SFOP, St. Peters Housing, Tenderloin Housing Clinic, WorkerImmigrant Rights Coalition, and Young Workers United.2In addition to the suggestions for implementation and clarification, we reiterate the concerns we have that the policy does notcomply with the terms of the Vehicle Code and Ninth Circuit case law, for the reasons discussed in our June 8 memo. We

understand that the Department has chosen not to fully address these concerns with the current policy. However, the concernsmay be appropriate for further consideration if the new policy does not attain its goals of reducing unnecessary vehicleimpoundments.


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Page2of4Re: Comments on SFPD Bulletin 09-293 (10/16/09)receives notice of the option and has had the opportunity to contact a licensed driver, and not

from when the vehicle is stopped. This suggested change is consistent with the procedure for

retrieval of stolen vehicles by vehicle owners and with the requirements of the Departments

language access policy (see below).

Consistent with Chief Gascns statements to the Coalition, there should be a twenty-minute window during which a licensed driver can pick up the vehicle to avoid impoundment. Itmay be several minutes from the time of the initial stop until the driver is informed of the option

and has had an opportunity to contact a licensed driver. Accordingly, if the twenty-minute

window runs from the time of the initial stop, it is unrealistic that a properly licensed driver canbe contacted and arrive at the scene before the car is impounded.

Moreover, the amount of time spent by an officer from the initial stop to the point atwhich the driver is informed of the impound policy can vary greatly. Defining the time period

as commencing once the driver receives actual notice of this option and has had the opportunity

to contact a licensed driver will allow for the policy to be applied consistently and fairly

regardless of the variety of factors that may lengthen the time of the initial stop. Additionally,the twenty-minute period was based on General Order 9.06(II)(B)(2), which provides the owner

of a stolen vehicle twenty minutes in which to retrieve their vehicle prior to it being towed. In

that situation, the twenty minutes starts from the time the owner is informed of the option toretrieve the vehicle.

At our meeting on October 14th, Chief Gascn emphasized that the point at which the

twenty-minute period commenced would not be defined, but rather left to the officers discretion.

However, the policy as written rigidly defines the beginning of the time period too early in theprocess and leaves the discretion to extend the time as only a secondary option. To effectuate

the purpose of this policy change, the twenty-minute period should run from the time the driver

is given of notice of the opportunity to find a licensed driver rather than from the beginning ofthe stop.

2. A thirty-day hold should not apply solely because the vehicle has been impoundedwithin the last six months.

As currently written, the policy allows for the SFPD to place a thirty-day hold (14602.6)

on a vehicle in two situations: a) any vehicle owned by a person whose vehicles have beenimpounded one or more times in the last six months, or b) any vehicle driven by a person who

has been cited one or more times in the last six months for driving without ever having been

issued a license. The thirty-day hold should apply only in the second scenario.

A vehicle may be impounded for a variety of reasons entirely unrelated to unlicensed

driving. For example, a vehicle can be impounded for blocking a driveway. Since the purpose

of the six-month time period is to address repeated unlicensed driving, the first provision shouldbe eliminated. The thirty-day hold should apply only to drivers who have been cited one or more

times for driving without ever having been issued a license. Allowing the vehicle to be

impounded for thirty days simply for having been impounded for any reason within the previous


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Page3of4Re: Comments on SFPD Bulletin 09-293 (10/16/09)six months is unrelated to the purpose of the policy and undermines the positive changes gained

by other aspects of the policy.

3. The new policy should comply with the Departments language access policy underGeneral Order 5.20.

The new policy must comport with DGO 5.20, which requires that SFPD officers providefree language assistance to Limited English Proficient (LEP) individuals they encounter.

Distributing a translated notice of the impoundment policy to the LEP individual is not

sufficient. DGO 5.20 establishes a preference for direct communication between LEP personsand qualified bilingual officers. The DGO instructs the Department to [w]ork with the

Department of Emergency Management to establish a system that immediately identifies LEP

calls and promptly dispatches language assistance, preferably with a bilingual officer speakingthe needed language. (DGO 5.20, Section III, O (b)(5)). If a qualified bilingual officer is not

available, a qualified civilian interpreter shall provide in-person interpretation. When neither a

qualified bilingual officer nor qualified civilian interpreter is available, an officer may rely upon

a telephone interpreter.

All LEP individuals that encounter the police must be provided with language assistance in

accordance with DGO 5.20 regardless of the reason for the encounter. This means thatindividuals who are stopped for driving without ever having been issued a license must also be

provided with a bilingual officer or telephonic interpretation so there are no language barriers inthe encounter. The 20 minutes should not begin until after the individual receives language

assistance and therefore is effectively noticed of the option to call a licensed driver.

4. Officers should be required to report additional information to ensure that the newpolicy is reducing the number of unnecessary impoundments and being applied

fairly.

The new policy requires officers only to report the reason for the tow and the name of the

supervisory officer who approved the tow. This information is insufficient to determine whether

the policy is having the desired effect and being applied fairly.

In order to properly monitor the effects of the new policy, members should be required to

document the following additional information for stops resulting in unlicensed driving citationsand/or tows:

a. Race/ethnicity of the driverb. Age of the driverc. Language(s) spoken by the driverd. If the driver is a limited English proficient (LEP) person, whether translation

services were provided and who provided the translatione. Reason(s) for the initial stopf. Citations issued, if any, in addition to Section 12500g. Geographic location of the stop (e.g., corner of 16th Street and Mission)


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h. Physical location of vehicle (e.g., vehicle stopped in parking lot or vehicle stopped onright lane adjacent to parallel parked vehicles)

i. Whether or not a licensed driver retrieved the vehicle at the scenej. Time provided for driver to contact a licensed driverk. Whether the officer offered the driver an SFPD pamphlet on the policyTo ensure that the policy is having the desired goal of reducing unnecessary

impoundments, the Coalition requests that statistics on the above information be made available

within three months of the implementation of the policy change.

5. The cards given to cited drivers should clarify that if this is the first time within sixmonths that the driver is cited under Section 12500 and the driver was unable to

secure a licensed driver to retrieve the vehicle from the scene, the vehicle can be

retrieved from the impoundment lot at any time.

SFPD has developed cards explaining the new policy to give to drivers cited for driving

without a valid license. While the cards adequately explain most of the key features of the newpolicy, the cards do not inform drivers that unless an officer places a thirty-day hold on the

vehicle, the owner of the vehicle may at any time, including the same day on which the vehicle is

towed, retrieve the vehicle from the impoundment lot. This presents a major change from priorSFPD practice and should be included on the cards provided to drivers.

6. To ensure proper implementation of the policy, SFPD should train tow companiesand impound lots on the new policy.

The Coalition is concerned that tow companies and impound lots may not be informed about

the new policy and its significant changes from prior impoundment practices. Given the key

roles that tow companies and impound lots play in the process of impounding a vehicle, webelieve it is essential that tow companies and impound lots in addition to SFPD personnel be

trained on the new policy.

As discussed above, the Coalition appreciates SFPDs efforts to develop an impound policythat reduces the number of unnecessary car confiscations and is more fair to San Francisco

community members. We hope that SFPD will take the opportunity to clarify its policy in the

coming days to ensure that policy is able to achieve these goals. We remain committed toworking with SFPD on this matter, and would welcome the opportunity to discuss

implementation of the policy with SFPD in the future. Additionally, as discussed with Chief

Gascn, we look forward to working with SFPD to audit implementation of the policy.

Should you have any questions about our concerns or recommendations, please contact

Michael Kaufman at the Lawyers Committee for Civil Rights ([email protected]), Amalia

Greenberg Delgado at the American Civil Liberties Union ([email protected]) or CinthyaMuoz Ramos at Saint Peters Housing Committee ([email protected]).


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Why d oe s the Poftc depa rtm ent tiomSxsct traffic safety -cSieckpomfe?Th ere a re two types of traffic safety checkpoints conducted by the RichmondPolice Department: DUI and Driver's License checkpoints. DUI checkpoints a redo ne to de ter and detect drunk drivers. Drivers License checkpoints ar e don e toassure motorists have a valid driver's license as required by law in California tooperate a motor vehicle. The primary p ur po se of the ch eck po ints as to Sceepoo r stre et s safe for e veryo ne. Unsafe, unlicensed, and drunk drivers cau se-thousands of traffic crashes in our community each year resulting in propertydamage, injuries, and deaths.

Ye s. Traffic safety checkpoints have beendeem ed legal by state and federal courts.The Police Department follows all the criteriaset forth by the courts in how traffic safetycheckpoints should be set up and run. Th echeckpoints are set up in a m anner whichas su re s all drivers ar e treated fairly andconsistently, regard less of race, ethnicity, oreconomic status.Police Department use traffic safety checkpoints

status or provide Information to ICE?Does the Rlcfmnoncgcfieck drivers'Absolutely n o t RjctiTnond is a "Sanctuary City." W e do not ask any driver or othervehicle occupants ab out their immigration status. Even if we learn or suspect thata driver is undocum ented, we do not report this information to SCE. Our goal issimply to m ake the stree ts safer for everyone.Are unlicensed dr ivers a rrested ?No. Unlicensed drivers are typically cited and released at the traffic safetycheckpoint location. Drunk drivers are arrested.

When are vehicles Impounded? When a driver is drunk, suspe nded , orrevoked When a driver do es not have a driverslicense an d no licensed driver isavailable to drive the vehicle away When a vehicle ha s expired or improperlicense plates


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Hay dostipos d ep wi tos t ie revision desegu ridad de trafieo realizados por la Po licia deRichmond, manejar bajo la influencia de alcohol(DUI) y puntos de revision de licencias deconducir. Los puntos de DUI son hechos paradssa con seja ry p ara detectar condttctores enestado de em briaguez. Puntos de revision delicencias de conducir son hechos para asegurarque motoristas tienen una licencia de conductorvalida segtin los requisitos de ley en Californiapara poder conducir un vehf6u!o.pr imarfo de Sos pun tos de revis ion es para mantener nues tras cal les s eg ur atpar a f o do s. Inseguro, sin licencia, y conductores en estado de em briaguez causanmiles de choques de trafico en nue stra comuriidad cada ano que fiene comoresuftado dano de propiedad, heridas, y muertes.^S o n legaSes los pipntos de revisio n de segun'dacl de t rai ico ?Si. LOS puntos de revision de la seguridad de trafico han sido juzg ado s legales por elestado y las cortes federates. El Departamento de Poljcia sigue todos los criteriosdispuestos por las cortes en como puntos de revision de seguridad de trafico sedeb en in stalary funcionar. Los puntos de revision se instalan de una manera queasegura que todos los conductores son tratados justamente y coherentemente, sinimportar la raza, la pertenencia etnica, o el estado economico.&E1 IPepartamentQ cteP oflcIa de Ric hm on d utif iza pun tos cte revferon dese gu rida d de traff ic para co m prob ar esta tus de i iramigracion & proporcsonarinfo rm acI 6n al CumpSImentp de Inmlgracidra y Aduana (ICE) so bre losconduc tores?Absolutam ente n o. Richmond es una "Ciudad de Refugio". Nosotros no preguntamosa ningun conductor ni a otros ocupantes del vehfculo acerca de su estado deinmigracion. Aunq ue aprendamos o sospechemos que un conductor esindocum entado, no divulgamos esta informacion a ICE. Simplemente nuestra meta esde m antener las calles m as seguras para todos.in arre stado s Sos con duc tore s sin Iscencia?

No. conductores sin licencia tipicamente soncitados y so n fibres en el Sugar de punto-derevision de seguridad de trafico. Los conductoresen estado de embriaguez son arrestados.&uaiiuu SS is Cuando un conductor esta ebrio,suspendido, o revocado


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Cuand o un conductor no tiene una licencia c!e co nd uc ir i no hay conductorlicenciado disponible para conduclr el vehfculo9 Caancfo un vehtcuto tie ne pfa cas -expiradas -o inco rrec tasII mi vehfeui e s conflscad, eo m o lo re co pe ro ?4 '

Vehfculos confiscados s e sostienen en un a yarda local de remolque. So lo el due ttoregistrado con Licencia de Maneiar valida de California puede obtener talliberation en el Dspartamento de Policfa, situadq en 1701 Regatta Blvd. enRichmond en tre las hbr as de 7a.m. y 8 p.m., 7 dfas a la ss m an a. Si usted seencuenffa con cualquier dificultad o necesiia ayuda especial; usted puede contactaral eo m an da nt e d e Guardia a! (510)620-6643. Si nadie contesta, deie alaun recariocon su nom bre y el nurinero de telfono y su ISamada se ra reg res ad a. Moia" Lameiydrfa de las compafifes de remolque cobran un "honorario de poiion" adiclorial siusted recoge su vehfculo despuesde las 5 de la iarde, asfque usted puede ahorrardlnero arreglando este asunto durante horas nortnales de offcina.' autom aticarnente m l vehicuto de u n punt de revision deI leenclas de coeducir sa no teng q una Ia

No necesariam ente. Varias orgafiizaciqnes no luerativas han con cordado enproporcionar voluntaries conductores licenciados en puritos de revision de seguridadpara conducir vehiculos a favor de individuos que no tienen una licencia deconductor. Esto no aplica a personas aiTestadas por (DUH, ni se aplica a loscond uctores que tienen "licencias de conductor suspendi&as o re voc adas . Eldepa rtam ento de policfa no ha ce ninguna garantia qu e los voluntaries es tarannece sariam ente disponibles para proporcionar este servicio. Favor d@ notar: LaPolicfa de Richmond no asum e ninguna responsabilidad nila obligacidn asociada conpermitira m vonductorlicenciadoxxmducfrelvetrfculo de on conductomo sutorimdo.Estos vofuntarios no son asociados con la Policfa ni con la Ciudadde Richmond.


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Procedures for Towing Vehicles Pursuant To an Expired/Unlicensed,

Suspended, or Revoked Licensed Driver

Introduction

Officers shall only tow a vehicle of an unlicensed driver after an opportunity has

been granted to allow the unlicensed driver to relinquish the vehicle to a licensed

driver already on scene or secure his or her vehicle on scene after a waiver has

been signed.

This Training Bulletin reviews steps for properly towing a vehicle whose driver is

unlicensed or in possession of an expired, suspended, or revoked license.

Relevant California Vehicle Code Sections

12500(a) CVC

12500 (a) A person may not drive a motor vehicle upon a highway, unless theperson then holds a valid driver's license issued under this code, except those

persons who are expressly exempted under this code.

When encountering drivers who never have been issued a license or possess an

expired license, the correct section to issue a citation for is CVC 12500(a).

Officers shall allow an unlicensed driver the opportunity to:

1. Relinquish the vehicle to a family member or acquaintance who is onscene that is in possession of a valid drivers licenseOR

2. Leave the vehicle on scene after a liability waiver is signed.

TRAINING BULLETIN

Evaluation Coordinator: Traffic Section CommanderAutomatic Revision Cycle: 3 Years

Department Training Bulletins shall be used to advise members of current police techniques and

procedures and shall constitute official policy.

Index Number: III-E.3

Alpha Index: 30-Day Holds

Date of Issue / Revision


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30-Day Holds, Index Number III-E.3

The following are exceptions where, if one is met, officers may tow the

unlicensed drivers vehicle to B&B Auto under the authority of CVC 14602.6(a) (1) with a 30-day hold:

Locations to legally park the vehicle are not readily available.

The unlicensed driver refuses to sign a waiver agreeing to leave his or hervehicle on scene.

In addition to citing the unlicensed driver for CVC 12500 (a), officers shallcomplete a Field Contact report on FBR, indicating the initial reason for the stop

and the fact that the driver was issued a citation for CVC 12500 (a).

The following are exceptions where, if one is met, officers may tow the

unlicensed drivers vehicle to B&B Auto under the authority of CVC

14602.6(a) (1) with a 30-day hold:

Any vehicle owned by a person whose vehicles have been impounded one

or more times in the last six months.

Any vehicle driven by a person who has been cited one or more times inthe last six months for driving without ever having been issued a license

(12500).

To verify whether a driver has met any these two exceptions, officers may

conduct a query check through dispatch and also verify if any Field Contactreports have been submitted through FBR indicating that the driver had

previously been cited and/or his or her vehicle(s) has been impounded.

Officers may tow a vehicle under a different towing authority with any applicable

holds if they have additional authority to do so.

Officers may consider towing a vehicle of an unlicensed driver if, after reviewing

their driving record, the driver presents a history of incautious driving. For

example, if an officer stops a vehicle whose driver has not been issued a license,

yet received a constructed drivers license number(i.e. X1234567) from DMVresulting in a previous DUI arrest, the officer may tow his or her vehicle based on

their driving record indicating incautious behavior.

If an officer makes contact with a driver who possess an expired license, theofficer may tow the vehicle for CVC 22651 (P) without a 30 day hold.


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Oakland Police Department

14601(a) CVC

No person shall drive a motor vehicle at any time when that person's driving

privilege is suspended or revoked for reckless driving in violation of Section23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section

12806 authorizing the department to refuse to issue a license, negligent orincompetent operation of a motor vehicle as prescribed in subdivision (e) of

Section 12809, or negligent operation as prescribed in Section 12810.5, if the

person so driving has knowledge of the suspension or revocation. Knowledgeshall be conclusively presumed if mailed notice has been given by the department

to the person pursuant to Section 13106. The presumption established by this

subdivision is a presumption affecting the burden of proof.

When encountering drivers who are in possession of a suspended, revoked, or

restricted license the correct section to issue a citation for is CVC 14601 (a).

Community Caretaking Doctrine

A recent 9th

Circuit Court decision, Miranda v. City of Cornelius; Acme Towing

Inc., ruled that impounding a legally parked vehicle was an unreasonable seizure.

Officers shall consider the community caretaking doctrine prior to impounding a

vehicle of an unlicensed driver. For example, if the unlicensed driver of thevehicle pulls over in the driveway of their home or positioned legally on the side

of a public roadway, the impoundment of the vehicle pursuant to CVC 12500

(a) would be unconstitutional. If, however, the driver legally pulls over to the sideof a public roadway and the officer can adequately articulate that it is a high-

crime area, officers may tow the vehicle under the community caretaking

doctrine.

The towing of a vehicle shall not be pre-textual or retributive.

Towing Authority

22651 (P) CVC

When the peace officer issues the driver of a vehicle a notice to appear for aviolation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5,

or 14604 and the vehicle is not impounded pursuant to Section 22655.5. A vehicle

so removed from the highway or public land, or from private property afterhaving been on a highway or public land, shall not be released to the registered

owner or his or her agent, except upon presentation of the registered owners or

his or her agents currently valid drivers license to operate the vehicle and proof

of current vehicle registration, or upon order of a court.


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14602.6(a) (1) CVC

Whenever a peace officer determines that a person was driving a vehicle while hisor her driving privilege was suspended or revoked, driving a vehicle while his or

her driving privilege is restricted pursuant to Section 13352 or 23575 and thevehicle is not equipped with a functioning, certified interlock device, or driving a

vehicle without ever having been issued a driver's license1, the peace officer may

either immediately arrest that person and cause the removal and seizure of thatvehicle or, if the vehicle is involved in a traffic collision, cause the removal and

seizure of the vehicle without the necessity of arresting the person in accordance

with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so

impounded shall be impounded for 30 days.

Ordering a Tow

CVC 14602.6(a) (1) shall be used when ordering a tow for an unlicensed driver

or possess a suspended or revoked license.

1. Officer ResponsibilityWhen ordering a tow under authority 14602.6(a) (1) VC with the

appropriate hold, the officer ordering the tow shall provide the servicedispatcher with the drivers license number of the person driving the

vehicle at the time it was seized. If the person does not have physical

possession of their suspended or revoked license the officer shall providethe service dispatcher with the name, DOB, and address of the person

driving the vehicle at the time it was seized.

In the event the vehicle was not ordered directly from the dispatcher (towsweep or STOP program, etc.) the officer ordering the tow shall ensure

that the required information above is obtained and forwarded to the

Communications Section prior to end of shift.

NOTE: The required information is needed by the Communications

Section prior to the vehicle being entered into SVS as a towed vehicle.

Provide the person driving the vehicle, at the time it was seized, with a

Tow Resource Guide (TF-3202).

2. Dispatcher Responsibility1For the purposes of this policy, officers shall not tow an unlicensed drivers vehicle for30 days unless one of the

exceptions enumerated above are met.


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When a tow is ordered under 14602.6(a) (1) VC with a 30-Day hold, thedispatcher shall obtain the drivers license number of the person driving

the vehicle at the time it was seized from the officer ordering the tow.

The dispatcher entering a vehicle into SVS, under the above listedauthority shall, upon completion of the entry into SVS:

Print-out and fax the SVS entry and the drivers license record ofthe person driving the vehicle at the time it was seized to the City

of Oakland Administrative Hearing Examiner in a timely manner

and in no event more that 24 hours later than the entry of the tow

into SVS.

In the event the driver of the vehicle has never been issued alicense, the dispatcher shall print-out the CLETS response of,

None Issued.

Complete a Stored/Towed Vehicle Report to Place a 30-Day Hold

Complete a Stored/Towed Vehicle Report (536-928) in accordance with theprovisions of Report Writing Manual Insert I-2.

Failure to properly complete or turn in the report in a timely manner may result inthe release of the vehicle before the expiration of any holds or the City of Oakland

Administrative Hearing Examiner releasing the vehicle and the City of Oaklandbeing charged the cost of tow and storage.


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Proper Application:

Officer Jones conducts a car stop on a motorist for a broken taillight. Upon

contacting the driver, Officer Jones discovers that he has never been issued adrivers license. After citing the driver for CVC 12500(a), Officer Jonespermits

the driver to relinquish his vehicle to his sister who is on scene and possesses a

valid drivers license. Officer Jones completes a Field Contact report on FBRindicating that the driver has been cited for CVC 12500(a).

Officer Jones conducts a car stop on a motorist for an inoperable headlamp. Upon

contacting the driver, Officer Jones discovers that he has never been issued adrivers license. After citing the driver for CVC 12500(a), Officer Jones allowed

the driver the opportunity to leave the vehicle on scene after presenting him awaiver. The driver, however, refused to sign the waiver, prompting OfficerJones to tow the vehicle to B&B under the authority of CVC 14602.6(a) (1)

with a 30-day hold.

Officer Jones stops a vehicle for running a stop sign and determines that the driver

has a suspended license. The officer verifies the suspended license offense and

whether the driver has been official served then cites the driver for CVC 14601

and tows the vehicle with a 30-Day hold under the authority CVC 14602.6(a) (1)CVC.

Officer Jones stops a vehicle for speeding and determines that the driver has neverbeen issued a license. Officer Jones verifies through FBR that the driver was cited

3 months prior for CVC 12500 (a) and elects to tow the vehicle to B&B Auto

under the authority of 14602.6(a) (1) CVC with a 30-day hold.

Officer Jones stops a vehicle whose driver is in possession of an expired drivers

license. After citing the driver for CVC 12500 (a), the officer elects to tow the

vehicle for CVC 22651 (p) without placing a 30-Day hold on the vehicle.

Officer Jones stops a vehicle after observing the driver engage in reckless driving

activity during the sideshow. Upon contact, the driver of the vehicle advises

officer Jones that he has never been issued a license. Although the driver has notbeen issued a license, Officer Jones tows the drivers vehicle for reckless driving

(CVC 23109.2) with a 30-day hold.


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7


Improper Application:

Officer Jones conducts a car stop on a motorist for a broken taillight. Upon

contacting the driver, Officer Jones discovers that he has never been issued adrivers license. After citing the driver for CVC 12500(a), Officer Jones elects to

tow the drivers vehicle to B&B under the authority of CVC 14602.6(a) (1)without allowing the driver the opportunity to park his vehicle.

Officer Jones stops a vehicle for running a stop sign and learns that the driver hasan expired license. The officer tows the vehicle to B&B Auto for 30 days.

Officer Jones observed a vehicle running a stop sign and elects to pull over the

driver in the driveway of his home. Upon contacting the driver, Officer Jonesdiscovers that he was never issued a drivers license. Officer Jones elects to tow

the vehicle to B&B Auto, not taking into consideration the community caretakingdoctrine.

Quick Reference Guide

DL Status Citation Authority Tow Authority Hold

None Issued CVC 12500 (a) No2

14602.6(a)

(1) CVC

Yes (30

Days)3

Expired CVC 12500 (a) Yes CVC

22651 (p)

No

Suspended CVC 14601 Yes CVC 14602.6(a)

(1)

Yes (30 Days)

Revoked CVC 14601 Yes CVC

14602.6(a)

(1)

Yes (30 Days)

2 Shall allow the driver to legally park the vehicle after the waiver is signed. If the driver refuses to sign the waiver or there

are no legal parking spaces readily available, the vehicle may be towed.

3 Shall only apply to any vehicle owned by a person whose vehicles have been impounded one or more times in the last six

months and/or any vehicle driven by a person who has been cited one or more times in the last six months for driving

without ever having been issued a license (VC 12500).


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Holds?

Refused?

Yes

and/or

CVC 12500

Expired?

Tow: CVC 22651 (p)

None Issued

Yes

Holds?

Has the drivers vehiclebeen impounded in the

last 6 months for a CVC

12500 (a)?

Been cited one or moretimes in the past 6

months for 12500 (a)?

Tow: 14602.6(a) (1) CVC

Holds?

30 Days

Yes No

No

After waiver issigned, allowdriver to park

vehicle on scene

Tow: 14602.6(a) (1) CVC

30 Days


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CVC 14601

Has notice been served?

Tow: CVC

14602.6(a) (1)

Yes

Verify reason for suspension

Holds?

30 Days

Verify reason for suspension

No

Provide Service

Provide Service

Suspended/Revoked: Service NeededSuspended/Revoked/Restricted


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Berkeley Municipal Code

14.08.110 Vehicle Impoundment of Unlicensed Drivers

A. Officers of the Police Department and such officers as are assigned by the Chief of Police

shall not impound the vehicles of unlicensed drivers under the following conditions:

1. If it can be reasonably determined that the driver is unlicensed because he or she is ineligible

to obtain a license pursuant to Section 12801.5 of the California Vehicle Code, and that the

driver is not unlicensed due to suspension or revocation, and that the driver is not under the age

of 16 years.

2. If the unlicensed driver is not stopped and cited for reckless driving, driving under the

influence or other serious offenses.

3. If the unlicensed driver can arrange within 40 minutes for a licensed driver to safely drive the

vehicle.

a. The unlicensed driver may utilize the Volunteer Licensed Driver program within the 40minute time period allotted to arrange for a licensed driver.

b. If a licensed driver does not arrive before the 40 minute time period but can be determined tobe en route, the officer at his or her discretion may extend the 40 minute time period.

14.08.120 Volunteer Licensed Driver Program

The Chief of Police shall establish the Volunteer Licensed Driver program that is open to legally

licensed drivers who wish to assist unlicensed drivers referenced in Section 14.08.110. The Chief

of Police shall set reasonable standards and guidelines for the admission of legally licensed

drivers to the Volunteer Licensed Driver program. Such licensed drivers shall be able to safely

drive the vehicle of the unlicensed driver, upon their request, to a safe location in order to avoid

impoundment of such vehicle. Unlicensed drivers referenced in Section 14.08.110 shall be

informed of the Volunteer Licensed Driver program and their right to utilize the program.

14.08.130 Release of Impounded Vehicles of Unlicensed Drivers

A. Storage hearings for vehicles impounded pursuant to 14602.6(a) or 14607.6(a) of the

California Vehicle Code shall consider the registered owners ineligibility to obtain a drivers

license pursuant toSection 12801.5 of the California Vehicle Code as a mitigating circumstance

in order to release the vehicle prior to the end of 30 days impoundment if the unlicensed driver


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was not stopped and cited for reckless driving, driving under the influence, or other serious

offenses.

B. Storage hearings for vehicles impounded pursuant to Sections 14602.6(a) or 14607.6(a)of the

California Vehicle Code shall also consider the financial hardship of the registered owner who is

unlicensed to drive pursuant to Section 12801.5 of the California Vehicle Code to either waivepartially, or in its entirety, any fees associated with the release form.

(c) Impounded vehicles that are released pursuant to subdivision (A) shall only be released to a

licensed agent of the registered owner who is unlicensed to drive pursuant to Section 12801.5 of

the California Vehicle Code.

14.08.140 Fee Waiver Provisions in Towing and Impoundment Contracts

A. When towing and impounding contracts are renewed, the City Manager shall negotiate aprovision that will allow fees incurred from towing and impoundment to be waived partially, or

in its entirety, for registered vehicle owners who are unlicensed to drive pursuant to Section

12801.5 of the California Vehicle Code if that owners vehicle was impounded pursuant to

Section 14602.6(a) or 14607.6(a).


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CITY OF ~SAN JOSECAPITAL OF SILICON VALLEY

SENT TO COUNCIL:Distributed on

JAN 1 3 ZOllCity ManQgers Offic~Memorandum

TO : HONORABLE MAYOR AND FROM:CITY COUNCILSUBJECT: SJPD TOW POLICY UPDATE DATE:

Christopher M. MooreActing Chief of PoliceJanuary 13, 2011

Date

INFORMATION

The Police Department continually reviews its policies and practices to ensure it performs in themost efficient and productive manner possible, During a recent review of its 30-day impoundpolicy, the Department affirmed its consistency with the California Vehicle Code (CVC) - whichallows for the towing and subsequent 30-day impounding of vehicles of persons cited or arrestedfor driving without a valid license (CVC 12500(a)) or for driving with a suspended license(CVC 14601.1 (a)). However, the Department identified the opportunity to clarify currentpolicies and practices to ensure officers were fully aware of their alternatives to towing andimpounding vehicles.Currently, anyone cited or arrested for driving without a license or with a suspended licenseincurs standard fines and fees for the offense. Due to the high fees associated with the storing ofimpounded vehicles for 30 days, many of these vehicles are simply abandoned by their owners.The Department is in the process of reorganizing various units to maximize cost and operationalefficiencies, with the highest priority being sworn staff accessible to patrol. Currently, officersare spending patrol time waiting for vehicles to be towed or stored. Many staff hours are alsodedicated to personnel who process paperwork associated to the impounding of vehicles.As such, the Department is amending its towing protocols. The revised procedures will ensurethat 30-day impounds will continue for the vehicles of the most serious offenders, while reducingthe number of tows and impounds for persons whose violations are not related to serious drivingoffenses.When an officer cites or arrests an individual solely for violations of CVC 12500(a) or CVC 14601. l(a), officers are encouraged to find an alternative to towing the vehicle.


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HONORABLE MAYOR AND CITY COUNCILRE: SJPD TOW POLICY UPDATEJanuary 13, 2010Page 2

Persons cited or arrested for driving while their license is suspended for serious driving offenses(i.e., driving under the influence of alcohol or drugs, reckless driving and negligent operatorstatus), will continue to have their vehicles impounded for 30 days. In all other cases where atow is warranted, the officer will tow the vehicle under CVC 22651(p), which will allow thevehicle to be retrieved by a properly licensed registered owner or agent without the requirementfor a 30-day impound.Police field supervisors retain the discretion to authorize impounding vehicles for 30 days incases where it is deemed warranted (i.e., the vehicle is used as a means to commit a m ore seriouscrime, or repeat offenders); however, the proposed policy revisions are intended to minimize thenumber of impounds that occur for non-serious driving offenses.

/s/CHRISTOPHER M. MOOREActing Chief of Police

CMM:TS


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CONFISCACION DE CARROS POR SER CONDUCIDOS POR INDIVIDUOS SIN LICENSIAEFFECTIVO EL 1 DE NOVIEMBRE DEL 2009 -- TRADUCCION EN ESPANOL gracias a BOCAin Berkeley

I. Procedimientos para determinar si es apropiado quitar un automvil con una gra de unconductor sin licencia. Cuando un oficial cita a un conductor por violar el cdigo automovilstico12500 por la razn que el conductor nunca a obtenido una licencia de conducir, el oficialdeterminar si confiscar el vehiculo mediante el uso de una gra de acuerdo a los siguientesprocedimientos.

a) El oficial citando podr iniciar la confiscacin solo cuando una o ms de los siguientesfactores estn presentes

1. El vehiculo es un riesgo para el trafico.2. Hay riesgo de que el automvil sea robado o sometido a actos devandalismo.3. Hay probabilidad que el automvil sea usado ilegalmente directamente opoco despus de la cita si el vehiculo no es confiscado.

b) Oficiales NO confiscaran a medio de una gra si el vehiculo:

1. Si el vehiculo esta legalmente estacionado en el hogar del conductor.2. Se encuentra un conductor con licencia en la escena, o esta disponible para

llegar a la escena dentro de 20 minutos del inicio de la cita, y que pueda conducir el vehiculo sinriesgo y legalmente de la escena.

A. Si no se encuentra un conductor con licencia al inicio de la cita,oficiales informaran el conductor de que solo un conductor calificado y con licencia puederecobrar el vehiculo dentro de 20 minutos de que sea parado por un oficial. Si un conductorcalificado y con licencia llega a la escena despus de el periodo de 20 minutos pero antes deque una gra haya movido el vehiculo fuera del rea, el oficial a su discrecin puede liberar elautomvil a el conductor apropiadamente licenciado.

B. Si el conductor no tiene un celular u otro medio de comunicacin

para contactar una persona apropiada, el oficial, a su discrecin y sujeto a recursos disponiblespuede pedirle a Comunicaciones que intenten comunicarse con la persona apropiada eidentificada por el conductor sin licencia.

C. Como es requerido por el Cdigo Automovilstico 16028 (a), elconductor con licencia debe ser capaz de proveer evidencia de responsabilidad financieradefinida por el Cdigo Automovilstico 16020 (por ejemplo, prueba de seguro).

D. Si el dueo registrado esta presente en la escena, el dueoregistrado le puede dar permiso al conductor asegurado y licenciado de llevarse el automvil dela escena.

E. Si el dueo registrado no esta presente y no esta disponible parallegar a la escena dentro de 20 minutos, y el vehiculo no es reportado robado, el conductor sinlicencia le puede dar permiso a el conductor asegurado y con licencia de llevarse el automvil dela escena. El conductor sin licencia debe de firmar un acuerdo llamado Unlicensed Driver Hold

Harmless Agreement(Conductor Sin Licencia Queda Inofensivo).


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II. Duracin de Confiscacin

Dos secciones del cdigo de vehculos de California autorizan uso de gras y de confiscacin devehculos conducidos por conductores que nunca han obtenido una licencia de conducir:

22651 (p) - Vehiculo puede ser recobrado durante horas regulares de negocio por el

dueo registrado o agente con una licencia valida de conducir y pruebas de seguro14602.6 - El vehiculo esta disponible para ser recuperado despus de 30 das por eldueo registrado o su agente con una licencia valida y vigente y prueba de registrode el vehiculo.

El Departamento de Polica pondr un plazo de sostener el vehiculo por 30 dais (14602.6)a. cualquier vehiculo que sea propiedad de una persona que haya tenido vehculosconfiscados una o ms veces en los ltimos seis meses.b. cualquier vehiculo que sea conducido por una persona a quien haya sido citada una oms veces en los ltimos seis meses por conducir sin haber obtenido una licencia(12500).

En otros casos, vehculos sern confiscados bajo VC 22651(p) y estar disponible pararecuperar inmediatamente.

III. Documentacin

Oficiales debern obtener aprobacin de un oficial supervisor antes de confiscar unvehiculo conducido por un conductor sin licencia.

Oficial debe incluir en el reporte del incidente todo lo siguiente:

la razn por la confiscacin - por ejemplo, "para prevenir inmediato/ continuaoperacin ilegal --sin la presencia de un conductor licenciado en la escena."

el nombre del supervisor quien aprob la confiscacin.

Oficiales debern dar a el conductor la forma SFPD 387 (Traffic Offender Program- STOP,Follow Up Information). (Programa de Ofensor de Trafico- ALTO, Informacin de seguimiento o

continuacin).


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DEPARTMENT TRAFFIC COORDINATOR

COUNTER-TERRORISM AND SPECIAL OPERATIONS BUREAU

NOTICE March 10, 201116.2

TO: All Commanding Officers

FROM: Department Traffic Coordinator, Counter-Terrorism and Special Operations Bureau

SUBJECT: VEHICLE IMPOUNDS AT DRIVING UNDER THE INFLUENCE

CHECKPOINTS

The purpose of the driving under the influence (DUI) checkpoints conducted by the Department isto detect and apprehend community members who are driving impaired. The DUI checkpoints are

an effective public safety tool that saves lives.

During DUI checkpoints, officers may encounter community members who are unlicensed to

drive. When these situations arise, officers shall make a reasonable attempt to identify the

registered owner of the vehicle. If the registered owner is present or is able to respond to the

scene, within a reasonable amount of time, the vehicle shall be released to the registered owner, if

he or she is a licensed driver. If the registered owner is unlicensed, he or she may authorize the

vehicle to be released to a licensed driver. The name and driver license number of the licensed

driver shall be listed on the Traffic Notice to Appear, Form 4.50.0, issued to the unlicensed driver.

When the vehicle cannot be released, the vehicle shall be impounded with a hold for Area AutoDetectives.

If you have any questions regarding this Notice, please contact Traffic Coordination Section,Emergency Operations Division, at (213) 486-0690.

MICHAEL P. DOWNING, Pepu ChiefDepartment Traffic Coordin

Counter-Terrorism and Special Operations Bureau

DISTRIBUTION "B"

STEPHEN R. JACOBS, CommanderChief of Staff

Office of the Chief of Staff


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Cathedral City Tow Policy

510.1 PURPOSE AND SCOPEThis policy provides the procedures for towing a vehicle by or at the direction of the

Cathedral City Police Department. Nothing in this policy shall require the Department to

tow a vehicle.

510.2 STORAGE AND IMPOUNDSWhen circumstances permit, for example when towing a vehicle for parking or

registration violations, the handling employee should, prior to having the vehicle towed,

make a good faith effort to notify the owner of the vehicle that it is subject to removal.This may be accomplished by personal contact, telephone or by leaving a notice

attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard,such as being abandoned on the roadway, it may be towed immediately.

The responsibilities of those employees towing, storing or impounding a vehicle are

listed below.

510.2.1 VEHICLE STORAGE REPORTS

Department members requesting towing, storage or impound of a vehicle shall completeCHP Form 180 and accurately record the mileage and a description of property within

the vehicle (Vehicle Code 22850). A copy of the storage report should to be given tothe tow truck operator and the original shall be submitted to the [Records Bureau] as

soon as practicable after the vehicle is stored.

510.2.2 REMOVAL FROM TRAFFIC COLLISION SCENESWhen a vehicle has been involved in a traffic collision and must be removed from the

scene, the officer shall have the driver select a towing company, if possible, and shallrelay the request for the specified towing company to the dispatcher. When there is no

preferred company requested, a company will be selected from the rotational list oftowing companies in the Communications Center. If the owner is incapacitated, or forany reason it is necessary for the Department to assume responsibility for a vehicle

involved in a collision, the officer shall request the dispatcher to call the official towinggarage for the City of Cathedral City. The officer will then store the vehicle using a CHP

form 180.

510.2.3 STORAGE AT ARREST SCENESWhenever a person in charge or in control of a vehicle is arrested, it is the policy of this

department to provide reasonable safekeeping by storing the arrestee's vehicle subject

to the exceptions described below. The vehicle, however, shall be stored whenever it isneeded for the furtherance of the investigation or prosecution of the case, or when thecommunity caretaker doctrine would reasonably suggest that the vehicle should be

stored (e.g. traffic hazard, high crime area).

The following are examples of situations where consideration should be given to leaving

a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked andleft in a reasonably secured and safe condition:


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Traffic related warrant arrest.

Situations where the vehicle was not used to further the offense for which the driver was

arrested.

Whenever the licensed owner of the vehicle is present, willing, and able to take controlof any vehicle not involved in criminal activity.

Whenever the driver of the vehicle is arrested or cited for 12500 VC (there are

indications the driver will not continue to drive) and he/she request to release the vehicle

to a present licensed driver.

Whenever the vehicle otherwise does not need to be stored and the owner requests thatit be left at the scene. In such cases the owner shall be informed that the Department will

not be responsible for theft or damages.

510.2.4 SECTION 14602.6 VC - 30-DAY HOLDSection 14602.6 VC - 30-Day Hold. This section provides for the 30-day impoundment of

a vehicle.

(1) A vehicle is subject to a 30-day impoundment when an officer encounters a driver

under the following conditions:

(a) A suspended or revoked license.

(b) Their driving privilege is restricted pursuant to Section 13352 or 23575 VC and the

vehicle is not equipped with a functioning, certified ignition interlock device.

(c) The driver has never been issued a license, and there are indications the driver willcontinue to drive if he or she continues to have access to the vehicle. The following are

examples of indications the driver will continue to have access to the vehicle: The driverhas no license, and the officer discovers that the driver has been pulled over before fordriving without a license. Being found to be unlicensed and having been stopped for a

major violation such as driving under the influence or reckless driving.

(2) The following conditions must be met before impounding a vehicle pursuant to

Section 14602.6 VC:

(a) Officers shall issue a citation prior to impounding when there is sufficient evidence to

establish a violation of Section 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4, or

14601.5 VC.

(b) Officers shall not issue a citation when impounding a vehicle as a result of a traffic

collision, but shall ensure that there is sufficient evidence to establish one of the aboveviolations.

(3) A vehicle should not be subject to a 30-day impound under the following conditions:


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(a) The driver is pulled over for a equipment violation (light out, etc.), seat belt violation,

or a minor moving violation. The driver has never been issued a license (12500 VC),upon inspection of the records, it shows that this driver has not been stopped before andwhen the community caretaker doctrine would reasonably suggest that the vehicle

should be stored (e.g. traffic hazard, high crime area). For these situations, Section

22651(p) VC should be used.

(b) The driver's license is expired or when a driver is driving out of class. For thesesituations, Section 22651(p) VC should be used.

(c) The driver's license is suspended for no proof of insurance.

(d) An individual's driving privilege has been suspended under Section 11350.6 of the

Welfare and Institutions Code (W&I).

(4) In any case where the vehicle is towed, the officer should, within reason, assure thatthe driver and passengers have adequate transportation or support to arrive to a safe

location (home, etc.). This may involve the officer having dispatch call a responsible

party; the officer giving a ride when appropriate; taking the driver and passengers to alocation where a phone is available. Under no circumstances should women and

children or the elderly be left stranded on the road without access to transportation

and/or someone who can give transportation.

510.2.5 DRIVING A NON-CITY VEHICLE

Vehicles which have been towed by or at the direction of the Department should not bedriven by police personnel unless it is necessary to move a vehicle a short distance to

eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted

signs.

510.2.6 DISPATCHER'S RESPONSIBILITIESUpon receiving a request for towing, the dispatcher shall promptly telephone the

specified authorized towing service. The officer shall be advised when the request hasbeen made and the towing service has been dispatched. When there is no preferredcompany requested, the dispatcher shall call the next firm in rotation from the list of

approved towing companies and shall make appropriate entries on that form to ensurethe following firm is called on the next request.

510.2.7 RECORDS BUREAU RESPONSIBILITYRecords personnel shall promptly enter pertinent data from the completed storage form(CHP Form 180) into the Stolen Vehicle System and return the form to the [Watch

Commander] for approval (Vehicle Code 22651.5(b), 22851.3(b) and 22854.5.

Approved storage forms shall be promptly placed into the auto-file so that they areimmediately available for release or review should inquiries be made.

Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it

shall be the responsibility of the [Records Bureau] to determine the names and

addresses of any individuals having an interest in the vehicle through DMV or CLETScomputers. Notice shall be sent to all such individuals by first-class mail pursuant to


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Vehicle Code 22851.3(d), 22852(a), and 14602.6(a)(2). The notice shall include

(Vehicle Code 22852b):

(a) The name, address, and telephone number of this Department.

b) The location of the place of storage and description of the vehicle, which shall include,

if available, the name or make, the manufacturer, the license plate number, and themileage.

(c) The authority and purpose for the removal of the vehicle.

(d) A statement that, in order to receive their post-storage hearing, the owners, or theiragents, shall request the hearing in person, writing, or by telephone within 10 days of the

date appearing on the notice.

510.3 TOWING SERVICESThe City of Cathedral City periodically selects a firm to act as the official tow service and

awards a contract to that firm. This firm will be used in the following situations:

When it is necessary to safeguard a vehicle due to the inability of the owner or operator

to take the required action.

When a vehicle is being held as evidence in connection with an investigation.

When it is otherwise necessary to store a motor vehicle. This would include situations

involving the recovery of stolen or abandoned vehicles, and the removal from the streetsof vehicles obstructing traffic in violation of state or local regulations.

510.3.1 "ROTATIONAL" TOWING SERVICESUpon proper application, the department may approve qualified rotational towing

services to be called when a citizen needs towing, but has no preference as to whichservice to call.

Any complaint alleging a violation of the agreement or other misconduct by a"Rotational" operator shall be referred to the police department for investigation. The

department may periodically review the performance of each authorized "Rotational"operator.

The Police Department will assist citizens by calling any towing company desired. If thecitizen has no preference and requests that an officer call a towing company, one of theauthorized firms shall be called in rotation.

All officers are specifically prohibited from directly or indirectly soliciting for orrecommending any garage or tow service.

510.4 VEHICLE INVENTORYAll property in a stored or impounded vehicle shall be inventoried and listed on the

vehicle storage form. This includes the trunk and any compartments or containers, even

if closed and/or locked. Members conducting inventory searches should be as thoroughand accurate as practical in preparing an itemized inventory. These inventoryprocedures are for the purpose of protecting an owner's property while in police custody,


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to provide for the safety of officers, and to protect the Department against fraudulent

claims of lost, stolen, or damaged property.

510.5 VEHICLE SEARCHES

Vehicles may be searched when one or more of the following conditions are met:

When probable cause to search the vehicle exists.

When it is reasonable to believe that the vehicle contains evidence of the offense of the

arrest of the occupant(s).

With consent of the operator.

Incident to an arrest if the occupant(s) of the vehicle have not been secured and remainwithin reaching distance of the passenger compartment.

To search for weapons when reasonable suspicion exists that a weapon may bepresent.

When necessary to examine the vehicle identification number or to determine theownership of the vehicle.

Under emergency circumstances not otherwise enumerated above.

Pursuant to a valid search warrant.

510.6 SECURITY OF VEHICLES AND PROPERTYUnless it would cause an unreasonable delay in the completion of a vehicle

impound/storage or create an issue of officer safety, officers should make reasonableaccommodations to permit a driver/owner to retrieve small items of value or personal

need (e.g., cash, jewelry, cell phone, prescriptions) which are not considered evidenceor contraband.

If a search of a vehicle leaves the vehicle or any property contained therein vulnerable tounauthorized entry, theft or damage, personnel conducting the search shall take such

steps as are reasonably necessary to secure and/or preserve the vehicle or property

from such hazards.

510.7 RELEASE OF VEHICLE

(a) Vehicles removed pursuant to Vehicle Code 22850 shall be released after proof of

current registration is provided by the owner or person in control of the vehicle and anyapplicable fees are paid (Vehicle Code 22850.3 and .5).

(b) Vehicles removed that require payment of parking fines or proof of valid driver'slicense shall only be released upon presentation of proof of compliance, proof of

payment, completion of affidavit , and payment of applicable fees as applicable related

to the removal (Vehicle Code 22651 (et. al), 22652 (et. al) 22850.3 and .5).


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(c) A vehicle removed pursuant to Vehicle Code 14602.6(a) and impounded for 30

days shall be released at the end of the impoundment period only when the registeredowner or agent presents his/her valid driver's license and proof of current vehicleregistration, or upon order of a court (Vehicle Code 14602.6(d)(2)).

(d) A vehicle removed pursuant to Vehicle Code 14602.6(a) shall be released to the

registered owner or his or her agent with proof of current registration, proof of a validdriver's license and applicable fees paid prior to the end of the 30 day impoundmentperiod under any of the following circumstances (Vehicle Code 14602.6(d)(1):

In response to a valid order of a court

When the vehicle is a stolen vehicle.

When the vehicle is subject to bailment and is driven by an unlicensed employee of abusiness establishment, including a parking service or repair garage.

When the license of the driver was suspended or revoked for an offense other thanthose included in Article 2 (commencing with Vehicle Code 13200) of Chapter 2 of

Division 6 or Article 3 (commencing with Vehicle Code 13350) of Chapter 2 of Division

6).When the vehicle was seized under this section for an offense that does not authorizethe seizure of the vehicle.

When the driver reinstates his or her driver's license or acquires a driver's license and

proper insurance.

Early release can no longer be denied if the decision is primarily based upon the owner's

failure to inquire or determine the prospective driver possessed a valid driver's license.This change is the result of a Court of Appeal decision, Earl Smith v. Santa Rosa Police

Department 2002) 97 Cal.App.4th 546, 119 Cal.Rptr.2d 72.

To the legal owner when all of the following are met:

(a) The legal owner is a motor vehicle dealer, bank, credit union, acceptancecorporation, or other licensed financial institution legally operating in this state or is

another person, not the registered owner, holding a security interest in the vehicle.

(b) The legal owner or the legal owner's agent pays all towing and storage fees related

to the seizure of the vehicle.

(c) The legal owner or the legal owner's agent presents a copy of the documentsspecified in Vehicle Code 14602.6(f)(3).

(E) Vehicles removed for other reasons shall be released pursuant to the requirements

and payment of applicable fees relating to their removal.

NOTE: The U. S. Ninth Circuit Court of Appeal decision, Miranda v. City of Cornelius(2005) (U.S. Court of Appeal, 9th Circuit, 429 F.3d 858), does not impact the authority to


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impound a vehicle when a driver is cited under 14603 VC, since the driver has already

been convicted of a crime and is driving on a suspended or revoked driver license. Aviolation involving a suspended or revoked driver license is different from simply drivingwithout a current and valid driver license.

510.7.1 VEHICLE RELEASE PROCEDURES

All vehicles stored or impounded, wherein a Vehicle Storage Report (CHP-180) hasbeen utilized may only be authorized for release in writing. No member of the

Department may authorize such a release verbally.

All stored or impounded vehicles can only be released to the registered owner, legalowner or his/her agent with a notarized written release. The release from the owner

authorizing the agent to pick up the vehicle can be hand carried, mailed or faxed to the

police department.

The police department employee releasing the vehicle will photo-copy the identification

of the person he/she is releasing the vehicle to, and place the photo-copy and any otherpaperwork in the Records Division to be filed.

510.7.2 STOLEN VEHICLE RECOVERY NOTIFICATION

Cathedral City Police Department dispatchers and records personnel shall immediatelyattempt to make notification to the registered owner, or legal owner of a CCPD reported

stolen vehicle which has been recovered.

Dispatchers and/or Records personnel shall attempt to make immediate notification to

the registered owner or legal owner if the stolen vehicle was recovered by CCPD oranother law enforcement agency.

The California Justice Information System (CJIS) states in part, per CVC 10500;

"The original reporting police agency, upon receipt of the information from the recoveringofficer (dispatch/records personnel) shall immediately attempt to notify the reportying

party by telephone of the location and condition of the vehicle. If notification is

unsuccessful the originating police agency shall notify the reporting party by placing inthe mail a notice (CHP 180) providing the location and condition of the recoveredvehicle.

The written notice shall be mailed within 24 hours of the original reporting agency'sreceipt of the information of the vehicle, excluding holidays and weekends."

Dispatch and/or records personnel shall document the attempt to contact the registeredowner and/or legal owner of the recovered stolen vehicle in the Alliance event notes of

the call for service and the case report.


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Santa Rosa Impound Policy (Sonoma County)


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09/2011

SANTA ANA POLICE DEPARTMENT

DEPARTMENTAL ORDER NO. XXX VEHICLE STORAGES AND IMPOUNDS

PURPOSE The purpose of this Order is to establish Department policy regarding procedures

related to the storage or impoundment of vehicles and, if applicable, the subsequent

release of any holds. Nothing in this policy shall require the storage or impoundmentof a vehicle unless mandated by law.

BACKGROUND

The Santa Ana Police Department is committed to ensuring safe roadways for pedestrians and the

motoring public. In furtherance of this goal, members of this Department will have the occasion to

remove vehicles from the roadway for a variety of reasons. Whenever a vehicle is stored or

impounded, it is important that officers understand this action is viewed as a seizure under the FourthAmendment of the United States Constitution. Therefore, the vehicle must be removed in accordance

with the provisions of law as established by the California legislature as well as applicable court

rulings.

DEFINITIONS

It is important that all reports, investigations, administrative reviews and internal documentation

regarding vehicle storages or impounds utilize the same terminology. Inconsistent terminology leads

to confusion and may allow or prevent a vehicle from being released erroneously, which can hinder

investigations and expose the Department to potential liability.

A. Towed Vehicle any vehicle that is towed at the direction of someone other than a member ofthis organization shall be referred to as a towed vehicle (i.e. owners request).

B. Stored Vehicle any vehicle removed at the direction of a member of this Department but doesnot have a police hold attached shall be referred to as a stored vehicle (i.e. blocking theroadway, pursuant to an arrest, etc.).

C. Impounded Vehicle any vehicle that is towed at the direction of a member of thisorganization that has a police hold placed upon it shall be referred to as an impounded

vehicle (i.e. vehicle contains evidence of a crime, unlicensed driver with or without a 30-day

hold, unregistered vehicle over six months, etc.).


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DepartmentalOrderXXX Page2POLICY

I. Vehicle Storage RequirementsA. A vehicle may be removed in accordance with the California Vehicle Code (CVC)

whenever permitted by law and an alternate means of securing the vehicle is notreasonable or practical to achieve the desired goal.

B. Members must indicate the circumstances necessitating the removal of the vehicle on theVehicle Report Form (SAPD T-42).

C. Officers shall conduct an inventory of the vehicle and note the contents on the VehicleReport Form.

II. Vehicle Impound RequirementsA. A vehicle may be impounded under the following circumstances:

1.For further investigation or the vehicle contains evidence of a crime (i.e. securing thevehicle pending scientific analysis or a search warrant, VIN discrepancy, etc.)

a. The impounding officer should notify the appropriate investigative unit of thehold via telephone and/or email as soon as possible.

b. Vehicles should not be impounded if they do not possess any probative valuerelated to the crime under investigation.

2.When the driver of the vehicle was involved in any of the following activity pursuant toCVC 23109.2(a):

a. A speed contest in violation of CVC 23109(a);b. Reckless driving on the highway in violation of CVC 23103(a);c. Reckless driving in an off-street parking facility in violation of CVC

23103(b); or

d. Exhibition of speed on a highway in violation of CVC 23109(c).3.The vehicle is found or operated on a highway, public lands, or an off-street parking

facility in violation of CVC 22651(o) when:

a. The vehicles registration has been expired in excess of six months;b. The vehicle is displaying a registration card, identification card, temporary

receipt, license plate, special plate, registration sticker, device issued pursuant toCVC 4853, or a permit that was issued for that vehicle or is not otherwise

lawfully used on that vehicle; or

c. The vehicle is displaying an altered, forged, counterfeit, or falsified registrationcard, identification card, temporary receipt, license plate, special plate,registration sticker, device issued pursuant to CVC 4853, or a permit.

4.If a driver has been cited for a violation of CVC 12500 and has no active licensesuspensions, the officer shall consider releasing the vehicle to a licensed driver who is

on the scene or allow another licensed driver a reasonable amount of time to pick up thevehicle. Releasing a vehicle to another licensed driver shall only be done with the

consent of the registered owner. After such consideration the vehicle may only be

impounded in accordance with the Community Caretaking Doctrine. Therefore, an


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DepartmentalOrderXXX Page3impound can only be authorized when there are articulable facts to show that leaving

the vehicle at the scene would:

a. Jeopardize public safety (i.e. likelihood the offense will continue);(1) A vehicle should not be impounded simply because there is not another

licensed driver at the scene without first giving the driver an opportunity

to summons the registered owner to the scene in a reasonable amount of

time. If the registered owner has a valid drivers license, the officer mayrelease the vehicle to the registered owner. If the registered owner is not

licensed, the officer may release the vehicle to his/her agent as long as

they possess a valid drivers license.

b. For the purposes of this section and barring articulable circumstances to thecontrary, a reasonable amount of time shall mean a minimum of 20 minutes

following the point at which the driver is notified that he/she may summons

the registered owner or the qualified driver to the scene.

c. Jeopardize the efficient movement of traffic (i.e. illegally parked); ord. Subject the vehicle to vandalism or theft (i.e. high crime area).

B. A vehicle should be impounded under the following circumstances:1.When a driver has been cited for a violation of CVC 12500 and the officer has

information (i.e. Visions, RMS, DMV, self-admission, etc.) that the driver has

previously been issued a citation for a violation of CVC 12500 or CVC 14601 atleast once in the previous nine months or two or more times in the previous three years.

The presence of these past violations is indicative of prior knowledge and proof that

the offense will likely continue under the Community Caretaking Doctrine.

2.When the driver has been cited for a violation of CVC 14601.a. In order to prove a violation of CVC 14601, the officer must be able to show

the driver had knowledge of the violation, which can be accomplished through

the service code indicated on the drivers license record. The following is a listof service codes:

(1) A Notice sent via First Class Mail and was not returned.(2) B Signed suspension notice documentation on file.(3) D Personal service documentation on file.(4) H Suspension notice was acknowledged, no signature.(5) I Notice returned unclaimed.(6) J Written notice served by officer.(7) K Service refused.(8) L Reported deceased.(9) M Verbal notice documentation on file.(10) P Personal service.(11) R Personal service unsuccessful.


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DepartmentalOrderXXX Page4b. For the purposes of enforcement, all of the service codes listed above constitute

proof that the driver had knowledge of the suspension or revocation of theirdriving privilege with the exception of codes I, K, and R.

(1) In the case of a driver with these service codes listed on the driverslicense record, the officer should complete a DL310 form notifying the

driver of the suspension or revocation.

(2) The officer should issue the driver a citation for CVC 12500(a) and thevehicle should be impounded.

c. Pursuant to CVC 14601 14601.5(a), it is conclusively presumed that thedriver has knowledge of their suspension or revocation when service code A

is listed. However, CVC 13106 indicates the presumption of knowledge is arebuttable presumption. Any request on the drivers license record for

personal service needed associated with service code A is simply to

eliminate the rebuttable presumption and does not affect the validity of theviolation. However, it is likely that the Orange County District Attorneys

office will not file a CVC 14601 charge on service code A unless the driveradmits knowledge and it is included in the citation notes and/or applicable

police reports. Therefore, if the driver fails to admit knowledge, the drivershould be issued a citation for CVC 12500(a) and the vehicle should be

impounded. The Community Caretaking Doctrine does not apply to this

situation since the drivers privileges have been suspended. It is imperative thatthe officer complete a DL310 form and provide personal service of the

suspension or revocation so the drivers license record can be updated.

3.When the driver has been cited for a violation of CVC 12500 but has an activesuspension on his/her driving record for which proof of service cannot be established asrequired above.

4.When the driver has been arrested for a violation of CVC 23140, CVC 23152, orCVC 23153 and one or more of the following conditions exist:

a. The driver is operating the vehicle in violation of CVC 12500 or CVC 14601, the vehicle should be impounded with a 30-day hold.

b. The driver has one conviction for a violation of CVC 23140, CVC 23152, orCVC 23153 in the preceding 10 years, the vehicle should be impounded for 5-days pursuant to CVC 14602.8(a)(1) if:

(1) The driver has a blood alcohol content (BAC) of 0.10% or greater; or(2) The driver refused to submit to or complete a chemical test requested by

the requesting officer.

c. The driver has two or more convictions for a violation of CVC 23140, CVC 23152, or CVC 23153 in the preceding 10 years, the vehicle should beimpounded for 15-days pursuant to CVC 14602.8(a)(1) if:

(1) The driver has a blood alcohol content (BAC) of 0.10% or greater; or(2) The driver refused to submit to or complete a chemical test requested by

the requesting officer.


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DepartmentalOrderXXX Page55. When the driver of a vehicle operates a vehicle without an ignition interlock device

installed in his/her vehicle as required pursuant to their drivers license record, thevehicle should be impounded for 30-days pursuant to CVC 14602.6(a).

C. Members must include a detailed narrative on the Vehicle Report Form indicating thereason for the initial contact with the driver and the circumstances necessitating the

impoundment of the vehicle. This should include, but is not limited to, the followinginformation:

1.Probable cause for the stop;2. Results of a records check to determine registration status, license status, prior

convictions, etc.

D. Officers shall conduct an inventory of the vehicle and note the contents on the VehicleReport Form.

E. Officers shall provide the driver with the Impound Release Requirements Form (SAPD T-51) indicating the case number and type of impound.

III. Vehicle Impounds for 30-DaysA. As set forth in the guidelines of this policy, any vehicle that is impounded for 30-days

shall be accomplished pursuant to CVC 14602.6(a) and/or CVC 23109.2(a)(1) asappropriate.

B. A 30-day hold may only be placed on vehicles under the following circumstances:1.The driver of the vehicle is also the registered owner.2.The driver of the vehicle is either the legal owner or admits to owning the vehicle.3. The driver indicates that the registered/legal owner gave him/her permission to drive

the vehicle and knew, or the officer can establish that the owner should have known

had they made a reasonable effort, that the driver was unlicensed.

C. The factors necessitating a 30-day impound shall be documented on the Vehicle ReportForm, along with any other information necessary to justify the impound at a Post-StorageHearing including, but not limited to:

1.Probable cause for the stop;2.Results of a records check to determine license status, prior convictions, etc;3.Whether the driver is the registered/legal owner of the vehicle;4.If the driver is not the registered/legal owner, the officer should establish:

a. How the driver came to be in possession of the vehicle;b. How did the driver come into possession of the vehicles ignition key;c. How many times has the driver operated the vehicle in the past?

D. If the officer cannot establish that the driver is the owner of the vehicle, that the ownershould have reasonably known the driver was unlicensed, or that the driver was not

Documents

Car Impoundment & Checkpoint Toolkit: Section 6