Car Impoundment & Checkpoint Toolkit: Section 6

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San Francisco Police Department Towing Policy on Unlicensed Drivers
I you are stopped and you do not have n drivsr's T license you may b° cltod and grfesled if you can • not be properly identified. The vehicle will ba towed if your privilege to drive In California has be«n suapendod or revoked by the Department of Motor Vehicles. If you are stopped and you do not have a driver's license the officer shall initiate • tow If: . Tho vehicle is a traffic hazard There Is a risk of theft or vandalism If the vehicle is left at the aoana • There Is liKelihaod of immediate and continued unlawful operation of the vehicle If it is not towed, The officer will not tow a vehicle if: The vehicle a parked at your home • There is a valldly licensed driver in the vehicle or at the scene that you allow to drive the vehicle and the driver is able to

Politics de confiscacldn para conductors sin llcancia del Departamento de Pollcfa do San Francisco
SI lo para la pol'cla y no Hone una llcencl? a> conduelr, eg poslble que le envlen una dtaclon y lo grreeten si no puede Identlflcaraa debldamanta. SI al Departamento de VWculoB Motorlzados suspsndid o ravoc6 su privileglo de condueir an California, se confiacaru al vahlculo, SI |o pars |q pollcla y no tlana una llcenda da conduclr, al
ofidal CDnflscnr.-i el vnhlculo en loa slgulentes CSBDB:

• • •

si ol vehlculo constltuyo un pollgro para ol rranslw ai exists nssgo de rooo o vanaanamo por dajnr ol uohlculo on al lugnr si exlste la poslbllldad de que se utlllce el vohlculo Illoltamente de manera Inmedlgtg y constame en oaso da que no se confjaque el vohlculo

€1 ofloM no oonflocanS ol vuhfculo on loo oigulontoo

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€ vehloulo sa encuentra estaclanado en au 1 domlcllio.

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show proof of insurance. If you aro not the raplsterpri owner or the registered owner is not al the scene you must ggraa to sign 9 Hold Harmless Agreement. If there is not a valldly licensed driver at the scene you will be allowed 20 minutes for a valldly lioanssd driver to come to Lhc scene and take cnnirrtl of fcha vohiols 1 ho driver will also have to show prooF of insurance If you aro not the registered owner or the registered owner Is notratthe scene you must ngrae lo sign a Wold Harmless Agreement. if you do not havo a cell phone or other means of communication the orncer, sn their discretion, may contact the Communicertions Division for the purpose of contacting a validly licensed driver you have identified to take control of the vehicle. The drlvsr will have lo show proof a< insurance. If you are r\ol the registered owner or the registered owner is not at the scene you must agree to sign a Hold Harmless Agreement.

SFPD-524 (10/09)

Gl conductor del vehlculo o cl que 30 encuantra en ol Itigary al que usted permlho que conduzca ol vehlculo liens una llcencie vailda y presonla una contfanda dn aoaura SI usted no cs cl proplatarlo replBtrado o si el propleteno regisirado no se encuantra an el lugar, done aceprnrflrmar un Aouerdo do Iiberacl6n de responaabilidados, SI el conductor que SB encuentra an al luger no tiono Una Pcenda vailda, tenara zo mlnULOS para qu^ Mn conductor con unci hconciA v6lid^ se prasanta an al lugar y lome el control del vahlculo. Ademas, el conductor debars praaantar una constnnola de aeguro. Si ustad no ea si proploiarlo reqlstrado a si el propietarlo rcglstrado no ae encuentra en ol iugnr. dabe acepcar fln-nsr un Aouafdo de llberadon dc rcsponsabllldades. SI no dlFtpana de un tolofono celulor o da otror madloB de cornunloaolin, cl oflolol. • QU crltarlo puedo llamnr a In DlvlBl6n de Comumcaoiones a fin da que Be pueda comunlcnr son un conductor quo lcno.3 unn liconclg vailda y al que uslod haya IdenOflcado p^ra qua tome control dol vohfculo. El conductor debars presenter una constanoia de seouro. Si ustorl no es el proplatano raglstrado o si ol propletarla regisirado no se enouentra an ol lugar, daba acaptar nrmar un Acuordo do llboradon de responssbilldsdp?.

SFPD-S34S (10/09)

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To:

Chief George Gascón, 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 Department’s efforts to lessen the harmful 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 disproportionately affected 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 in unnecessary 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 the option and has had the opportunity to contact a licensed driver to retrieve the vehicle. 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 adequate time to contact a licensed driver, the twenty-minute period should start from the time the driver
The 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 Resource Center, 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 Raza Centro 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, SF Immigrant Legal & Education Network, SF Labor Council, SFOP, St. Peter’s Housing, Tenderloin Housing Clinic, Worker Immigrant Rights Coalition, and Young Workers United.
2

1

In addition to the suggestions for implementation and clarification, we reiterate the concerns we have that the policy does not comply 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 concerns may be appropriate for further consideration if the new policy does not attain its goals of reducing unnecessary vehicle impoundments.

Page 2 of 4 Re: 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 Department’s language access policy (see below). Consistent with Chief Gascón’s statements to the Coalition, there should be a twentyminute window during which a licensed driver can pick up the vehicle to avoid impoundment. It may 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 can be 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 at which 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 to retrieve the vehicle. At our meeting on October 14th, Chief Gascón emphasized that the point at which the twenty-minute period commenced would not be defined, but rather left to the officer’s discretion. However, the policy as written rigidly defines the beginning of the time period too early in the process 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 of the stop. 2. A thirty-day hold should not apply solely because the vehicle has been impounded within 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 been impounded 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 should be 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

Page 3 of 4 Re: 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 Department’s language access policy under General Order 5.20. The new policy must comport with DGO 5.20, which requires that SFPD officers provide free 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 persons and 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 speaking the 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 that individuals 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 in the 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 new policy 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 citations and/or tows: a. b. c. d. Race/ethnicity of the driver Age of the driver Language(s) spoken by the driver If the driver is a limited English proficient (“LEP) person, whether translation services were provided and who provided the translation e. Reason(s) for the initial stop f. Citations issued, if any, in addition to Section 12500 g. Geographic location of the stop (e.g., corner of 16th Street and Mission)

Page 4 of 4 Re: Comments on SFPD Bulletin 09-293 (10/16/09)

h. Physical location of vehicle (e.g., vehicle stopped in parking lot or vehicle stopped on right lane adjacent to parallel parked vehicles) i. Whether or not a licensed driver retrieved the vehicle at the scene j. Time provided for driver to contact a licensed driver k. Whether the officer offered the driver an SFPD pamphlet on the policy To 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 six months 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 new policy, 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 prior SFPD practice and should be included on the cards provided to drivers. 6. To ensure proper implementation of the policy, SFPD should train tow companies and 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, we believe 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 SFPD’s efforts to develop an impound policy that 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 to working 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 Gascón, 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 Cinthya Muñoz Ramos at Saint Peter’s Housing Committee ([email protected]).

Why does the Poftc© department tiomSxsct traffic safety -cSieckpomfe? There are two types of traffic safety checkpoints conducted by the Richmond Police Department: DUI and Driver's License checkpoints. DUI checkpoints are done to deter and detect drunk drivers. Drivers License checkpoints are done to assure motorists have a valid driver's license as required by law in California to operate a motor vehicle. The primary purpose of the checkpoints as to Sceep oor streets safe for everyone. Unsafe, unlicensed, and drunk drivers cause -thousands of traffic crashes in our community each year resulting in property damage, injuries, and deaths.

Yes. Traffic safety checkpoints have been deemed legal by state and federal courts. The Police Department follows all the criteria set forth by the courts in how traffic safety checkpoints should be set up and run. The checkpoints are set up in a manner which assures all drivers are treated fairly and consistently, regardless of race, ethnicity, or economic status. Does the Rlcfmnoncg Police Department use traffic safety checkpoints • status or provide Information to ICE? cfieck drivers' Absolutely not RjctiTnond is a "Sanctuary City." We do not ask any driver or other vehicle occupants about their immigration status. Even if we learn or suspect that a driver is undocumented, we do not report this information to SCE. Our goal is simply to make the streets safer for everyone. Are unlicensed drivers arrested? No. Unlicensed drivers are typically cited and released at the traffic safety checkpoint location. Drunk drivers are arrested. When are vehicles Impounded? » When a driver is drunk, suspended, or revoked • When a driver does not have a drivers license and no licensed driver is available to drive the vehicle away » When a vehicle has expired or improper license plates

S my vehicle Is Impounded, Thow do 1 getitTbaclC? f Impounded vefiicfes are field at "a focal tow yard. You Treed a signed release from the Police Department to get your vehicle out of impound. Oniv the registered owner with a valid California Driver license can obtain such a release at the Police Department, located at 1701 Regatta Blvd. in Richmond between the hours of 7a.m. and 8 p.m., 7 days a week, ff you encounter any difficulties or need special assistance, you can contact the Watch Commander at (510) 620-6643. If no one answers, leave a message with your name and phone number and you will be called back. Note; Most tow companies charge an extra "gate fee" if you pick up your vehicle after $ p.m., so you can save money by iaking care of this during normal business hours. my vehicle automatically be towed from a drivers license checkpoint if 3 do not hav© a driver's license? Not necessarily. Several non-profit organizations have agreed to provide volunteer licensed drivers at traffic safety checkpoints to drive vehicles away on behalf of individuals who do not have a driver's license. This does not apply to persons arrested for DUI, nor does it apply to drivers who have suspended or revoked driver's licenses. The Police Department makes no guarantee that volunteers will necessarily be available to provide this service. Please note; The -RbhmojTd Police Department assumes no responsibility or liability Bssouated with allowing a licensed driver to drive an unlicensed driver's vehicle. These volunteers are not associated with the Police Department or the City of Richmond.

tets.

Hay dostipos depwitos tie revision de seguridad de trafieo realizados por la Policia de Richmond, manejar bajo la influencia de alcohol (DUI) y puntos de revision de licencias de conducir. Los puntos de DUI son hechos para dssaconsejary para detectar condttctores en estado de embriaguez. Puntos de revision de licencias de conducir son hechos para asegurar que motoristas tienen una licencia de conductor valida segtin los requisitos de ley en California para poder conducir un vehf6u!o. primarfo de Sos puntos de revision es para mantener nuestras calles segurat para fodos. Inseguro, sin licencia, y conductores en estado de embriaguez causan miles de choques de trafico en nuestra comuriidad cada ano que fiene como resuftado dano de propiedad, heridas, y muertes. ^Son legaSes los pipntos de revision de segun'dacl de traiico? Si. LOS puntos de revision de la seguridad de trafico han sido juzgados legales por el estado y las cortes federates. El Departamento de Poljcia sigue todos los criterios dispuestos por las cortes en como puntos de revision de seguridad de trafico se deben instalary funcionar. Los puntos de revision se instalan de una manera que asegura que todos los conductores son tratados justamente y coherentemente, sin importar la raza, la pertenencia etnica, o el estado economico. &E1 IPepartamentQ ctePoflcIa de Richmond utifiza puntos cte revferon de seguridad de traffic© para comprobar estatus de iiramigracion & proporcsonar informacI6n al CumpSImentp de Inmlgracidra y Aduana (ICE) sobre los conductores? Absolutamente no. Richmond es una "Ciudad de Refugio". Nosotros no preguntamos a ningun conductor ni a otros ocupantes del vehfculo acerca de su estado de inmigracion. Aunque aprendamos o sospechemos que un conductor es indocumentado, no divulgamos esta informacion a ICE. Simplemente nuestra meta es de mantener las calles mas seguras para todos. i§®n arrestados Sos conductores sin Iscencia? No. conductores sin licencia tipicamente son citados y son fibres en el Sugar de punto-de revision de seguridad de trafico. Los conductores en estado de embriaguez son arrestados.
&<u>uaiiuu SS i

s

Cuando un conductor esta ebrio, suspendido, o revocado

« Cuando un conductor no tiene una licencia c!e conduciri no hay conductor licenciado disponible para conduclr el vehfculo 9 Caancfo un vehtcuto tiene pfacas -expiradas -o incorrectas
4' II mi

vehfeui© e s conflscad©, eomo lo recopero?

Vehfculos confiscados se sostienen en una yarda local de remolque. Solo el duetto registrado con Licencia de Maneiar valida de California puede obtener tal liberation en el Dspartamento de Policfa, situadq en 1701 Regatta Blvd. en Richmond entre las hbras de 7a.m. y 8 p.m., 7 dfas a la ssmana. Si usted se encuenffa con cualquier dificultad o necesiia ayuda especial; usted puede contactar al eomandante de Guardia a! (510)620-6643. Si nadie contesta, deie alaun recario con su nombre y el nurinero de tel§fono y su ISamada sera regresada. Moia" La meiydrfa de las compafifes de remolque cobran un "honorario de poiion" adiclorial si usted recoge su vehfculo despuesde las 5 de la iarde, asfque usted puede ahorrar dlnero arreglando este asunto durante horas nortnales de offcina. ' automaticarnente ml vehicuto de un punt© de revision de •a Ileenclas de coeducir sa no tengq una I No necesariamente. Varias orgafiizaciqnes no luerativas han concordado en proporcionar voluntaries conductores licenciados en puritos de revision de seguridad para conducir vehiculos a favor de individuos que no tienen una licencia de conductor. Esto no aplica a personas aiTestadas por (DUH, ni se aplica a los conductores que tienen "licencias de conductor suspendi&as o revocadas. El departamento de policfa no hace ninguna garantia que los voluntaries estaran necesariamente disponibles para proporcionar este servicio. Favor d@ notar: La Policfa de Richmond no asume ninguna responsabilidad nila obligacidn asociada con permitira m vonductorlicenciadoxxmducfrelvetrfculo de on conductomo sutorimdo. Estos vofuntarios no son asociados con la Policfa ni con la Ciudadde Richmond.

TRAINING
Date of Issue / Revision

BULLETIN
Index Number: III-E.3 Alpha Index: 30-Day Holds Evaluation Coordinator: Traffic Section Commander Automatic Revision Cycle: 3 Years

“Department  Training  Bulletins  shall  be  used to advise members of current police techniques and procedures  and  shall  constitute  official  policy.”

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 the person 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 on scene that  is  in  possession  of  a  valid  driver’s  license OR 2. Leave the vehicle on scene after a liability waiver is signed.

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

The following are exceptions where, if one is met, officers may tow the unlicensed  driver’s  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 her vehicle on scene. In addition to citing the unlicensed driver for CVC § 12500 (a), officers shall complete 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  driver’s  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 in the 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 Contact reports 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  driver’s  license  number (i.e. X1234567) from DMV resulting 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, the officer may tow the vehicle for CVC § 22651 (P) without a 30 day hold.

2

●  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 Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent 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. Knowledge shall 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 the vehicle 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 side of a public roadway and the officer can adequately articulate that it is a highcrime 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 a violation 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 after having 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  owner’s  or   his  or  her  agent’s  currently  valid  driver’s  license  to  operate  the  vehicle and proof of current vehicle registration, or upon order of a court.
3

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

14602.6(a) (1) CVC Whenever a peace officer determines that a person was driving a vehicle while his or 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 the vehicle 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 that vehicle 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 Responsibility When ordering a tow under authority 14602.6(a) (1) VC with the appropriate hold, the officer ordering the tow shall provide the service dispatcher  with  the  driver’s  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 provide the 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 (tow sweep 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 Responsibility
1

For  the  purposes  of  this  policy,  officers  shall  not  tow  an  unlicensed  driver’s  vehicle  for 30 days unless one of the exceptions enumerated above are met.

4

●  Oakland  Police  Department                  

When a tow is ordered under 14602.6(a) (1) VC with a 30-Day hold, the dispatcher  shall  obtain  the  driver’s  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 listed authority shall, upon completion of the entry into SVS: Print-out and fax the SVS entry and  the  driver’s  license  record  of   the 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 a license, 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 the provisions of Report Writing Manual Insert I-2. Failure to properly complete or turn in the report in a timely manner may result in the 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 Oakland being charged the cost of tow and storage.

5

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

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 a driver’s  license.  After  citing  the  driver  for  CVC  §12500(a),  Officer  Jones  permits the driver to relinquish his vehicle to his sister who is on scene and possesses a valid  driver’s  license.  Officer Jones completes a Field Contact report on FBR indicating 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 a driver’s  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 a waiver. The driver, however, refused to sign the waiver, prompting Officer Jones 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 never been 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  driver’s   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 not been issued a license, Officer Jones tows the driver’s  vehicle  for  reckless  driving   (CVC § 23109.2) with a 30-day hold.

6

●  Oakland  Police  Department                  

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 a driver’s  license.  After  citing  the  driver  for  CVC  §12500(a),  Officer  Jones  elects  to   tow  the  driver’s  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 has an 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 Jones discovers 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 caretaking doctrine. Quick Reference Guide DL Status None Issued Expired Suspended Revoked Citation Authority Tow CVC § 12500 (a) No2 CVC § 12500 (a) CVC § 14601 CVC § 14601 Yes Yes Yes Authority 14602.6(a) (1) CVC CVC § 22651 (p) CVC § 14602.6(a) (1) CVC § 14602.6(a) (1) Hold Yes (30 Days)3 No Yes (30 Days) 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).

7

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

CVC § 12500

Expired?
Yes
Tow: CVC § 22651 (p)

None Issued
Yes
Has  the  driver’s  vehicle   been impounded in the last 6 months for a CVC § 12500 (a)?

Holds?

No

and/or
Been cited one or more times in the past 6 months for § 12500 (a)?

Yes
Tow: 14602.6(a) (1) CVC

No
After waiver is signed, allow driver to park vehicle on scene or relinquish to licensed driver

Holds?

Refused?
Tow: 14602.6(a) (1) CVC

30 Days

Holds? 30 Days

8

●  Oakland  Police  Department                  

CVC § 14601

Suspended/Revoked/Restricted

Suspended/Revoked: Service Needed

Verify reason for suspension

Verify reason for suspension

Has notice been served?

Provide Service

Yes
Tow: CVC § 14602.6(a) (1)

No
Provide Service

Holds?

30 Days

9

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 40 minute 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 to be 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 owner’s  ineligibility  to  obtain  a  driver’s   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

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 waive partially, 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 a provision 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  owner’s  vehicle  was  impounded  pursuant  to   Section 14602.6(a) or 14607.6(a).

Distributed on
SENT TO COUNCIL:

JAN 1 3 ZOll
City ManQger’s Offic~

SAN JOSE

CITY OF ~

Memorandum
FROM: Christopher M. Moore
Acting Chief of Police

CAPITAL OF SILICON VALLEY

TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: SJPD TOW POLICY UPDATE

DATE: January 13, 2011
Date

INFORMATION The Police Department continually reviews its policies and practices to ensure it performs in the most efficient and productive manner possible, During a recent review of its 30-day impound policy, the Department affirmed its consistency with the California Vehicle Code (CVC) - which allows for the towing and subsequent 30-day impounding of vehicles of persons cited or arrested for 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 current policies and practices to ensure officers were fully aware of their alternatives to towing and impounding vehicles. Currently, anyone cited or arrested for driving without a license or with a suspended license incurs standard fines and fees for the offense. Due to the high fees associated with the storing of impounded 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 operational efficiencies, with the highest priority being sworn staff accessible to patrol. Currently, officers are spending patrol time waiting for vehicles to be towed or stored. Many staff hours are also dedicated to personnel who process paperwork associated to the impounding of vehicles. As such, the Department is amending its towing protocols. The revised procedures will ensure that 30-day impounds will continue for the vehicles of the most serious offenders, while reducing the number of tows and impounds for persons whose violations are not related to serious driving offenses. 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.

HONORABLE MAYOR AND CITY COUNCIL RE: SJPD TOW POLICY UPDATE January 13, 2010 Page 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 operator status), will continue to have their vehicles impounded for 30 days. In all other cases where a tow is warranted, the officer will tow the vehicle under CVC §22651(p), which will allow the vehicle to be retrieved by a properly licensed registered owner or agent without the requirement for a 30-day impound. Police field supervisors retain the discretion to authorize impounding vehicles for 30 days in cases where it is deemed warranted (i.e., the vehicle is used as a means to commit a more serious crime, or repeat offenders); however, the proposed policy revisions are intended to minimize the number of impounds that occur for non-serious driving offenses.

/s/ CHRISTOPHER M. MOORE Acting Chief of Police CMM:TS

CONFISCACION DE CARROS POR SER CONDUCIDOS POR INDIVIDUOS SIN LICENSIA EFFECTIVO EL 1 DE NOVIEMBRE DEL 2009 -- TRADUCCION EN ESPANOL gracias a BOCA in Berkeley I. Procedimientos para determinar si es apropiado quitar un automóvil con una grúa de un conductor sin licencia. Cuando un oficial cita a un conductor por violar el código automovilístico 12500 por la razón que el conductor nunca a obtenido una licencia de conducir, el oficial determinará si confiscar el vehiculo mediante el uso de una grúa de acuerdo a los siguientes procedimientos. a) El oficial citando podrá iniciar la confiscación solo cuando una o más de los siguientes factores están presentes 1. El vehiculo es un riesgo para el trafico. 2. Hay riesgo de que el automóvil sea robado o sometido a actos de vandalismo. 3. Hay probabilidad que el automóvil sea usado ilegalmente directamente o poco después de la cita si el vehiculo no es confiscado. b) Oficiales NO confiscaran a medio de una grúa 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 sin riesgo 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 puede recobrar el vehiculo dentro de 20 minutos de que sea parado por un oficial. Si un conductor calificado y con licencia llega a la escena después de el periodo de 20 minutos pero antes de que una grúa haya movido el vehiculo fuera del área, el oficial a su discreción puede liberar el automóvil a el conductor apropiadamente licenciado. B. Si el conductor no tiene un celular u otro medio de comunicación para contactar una persona apropiada, el oficial, a su discreción y sujeto a recursos disponibles puede pedirle a Comunicaciones que intenten comunicarse con la persona apropiada e identificada por el conductor sin licencia. C. Como es requerido por el Código Automovilístico 16028 (a), el conductor con licencia debe ser capaz de proveer evidencia de responsabilidad financiera definida por el Código Automovilístico 16020 (por ejemplo, prueba de seguro). D. Si el dueño registrado esta presente en la escena, el dueño registrado le puede dar permiso al conductor asegurado y licenciado de llevarse el automóvil de la escena. E. Si el dueño registrado no esta presente y no esta disponible para llegar a la escena dentro de 20 minutos, y el vehiculo no es reportado robado, el conductor sin licencia le puede dar permiso a el conductor asegurado y con licencia de llevarse el automóvil de la escena. El conductor sin licencia debe de firmar un acuerdo llamado Unlicensed Driver Hold Harmless Agreement (Conductor Sin Licencia Queda Inofensivo).

II. Duración de Confiscación Dos secciones del código de vehículos de California autorizan uso de grúas y de confiscación de vehículos conducidos por conductores que nunca han obtenido una licencia de conducir: 22651 (p) - Vehiculo puede ser recobrado durante horas regulares de negocio por el dueño registrado o agente con una licencia valida de conducir y pruebas de seguro 14602.6 - El vehiculo esta disponible para ser recuperado después de 30 días por el dueño registrado o su agente con una licencia valida y vigente y prueba de registro de el vehiculo. El Departamento de Policía pondrá un plazo de sostener el vehiculo por 30 dais (14602.6) a. cualquier vehiculo que sea propiedad de una persona que haya tenido vehículos confiscados una o más veces en los últimos seis meses. b. cualquier vehiculo que sea conducido por una persona a quien haya sido citada una o más veces en los últimos seis meses por conducir sin haber obtenido una licencia (12500). En otros casos, vehículos serán confiscados bajo VC 22651(p) y estará disponible para recuperar inmediatamente. III. Documentación Oficiales deberán obtener aprobación de un oficial supervisor antes de confiscar un vehiculo conducido por un conductor sin licencia. Oficial debe incluir en el reporte del incidente todo lo siguiente: la razón por la confiscación - por ejemplo, "para prevenir inmediato/ continua operación ilegal --sin la presencia de un conductor licenciado en la escena." el nombre del supervisor quien aprobó la confiscación. Oficiales deberán dar a el conductor la forma SFPD 387 (Traffic Offender Program- STOP, Follow Up Information). (Programa de Ofensor de Trafico- ALTO, Información de seguimiento o continuación).

DEPARTMENT TRAFFIC COORDINATOR COUNTER-TERRORISM AND SPECIAL OPERATIONS BUREAU NOTICE 16.2 TO: FROM: All Commanding Officers Department Traffic Coordinator, Counter-Terrorism and Special Operations Bureau March 10, 2011

SUBJECT: VEHICLE IMPOUNDS AT DRIVING UNDER THE INFLUENCE CHECKPOINTS The purpose of the driving under the influence (DUI) checkpoints conducted by the Department is to 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 Auto Detectives. If you have any questions regarding this Notice, please contact Traffic Coordination Section, Emergency Operations Division, at (213) 486-0690.

MICHAEL P. DOWNING, Pepu Chief Department Traffic Coordin Counter-Terrorism and Special Operations Bureau DISTRIBUTION "B"

STEPHEN R. JACOBS, Commander Chief of Staff Office of the Chief of Staff

Cathedral City Tow Policy 510.1 PURPOSE AND SCOPE This 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 IMPOUNDS When 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 complete CHP 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 to the 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 SCENES When 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 shall relay 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 of towing companies in the Communications Center. If the owner is incapacitated, or for any 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 towing garage for the City of Cathedral City. The officer will then store the vehicle using a CHP form 180. 510.2.3 STORAGE AT ARREST SCENES Whenever 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 is needed for the furtherance of the investigation or prosecution of the case, or when the community 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 and left in a reasonably secured and safe condition:

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 control of 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 that it 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 HOLD Section 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 will continue 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 driver has no license, and the officer discovers that the driver has been pulled over before for driving 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 above violations. (3) A vehicle should not be subject to a 30-day impound under the following conditions:

(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 and when 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 these situations, 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 that the 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 a location 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 be driven 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 RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. When there is no preferred company 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 ensure the following firm is called on the next request. 510.2.7 RECORDS BUREAU RESPONSIBILITY Records 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 are immediately 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 CLETS computers. Notice shall be sent to all such individuals by first-class mail pursuant to

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 the mileage. (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 their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. 510.3 TOWING SERVICES The 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 streets of vehicles obstructing traffic in violation of state or local regulations. 510.3.1 "ROTATIONAL" TOWING SERVICES Upon proper application, the department may approve qualified rotational towing services to be called when a citizen needs towing, but has no preference as to which service 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 the citizen has no preference and requests that an officer call a towing company, one of the authorized firms shall be called in rotation. All officers are specifically prohibited from directly or indirectly soliciting for or recommending any garage or tow service. 510.4 VEHICLE INVENTORY All 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 thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody,

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 remain within reaching distance of the passenger compartment. To search for weapons when reasonable suspicion exists that a weapon may be present. When necessary to examine the vehicle identification number or to determine the ownership of the vehicle. Under emergency circumstances not otherwise enumerated above. Pursuant to a valid search warrant. 510.6 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations 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 evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized 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 any applicable fees are paid (Vehicle Code §§ 22850.3 and .5). (b) Vehicles removed that require payment of parking fines or proof of valid driver's license 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).

(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 registered owner or agent presents his/her valid driver's license and proof of current vehicle registration, 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 valid driver's license and applicable fees paid prior to the end of the 30 day impoundment period 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 a business establishment, including a parking service or repair garage. When the license of the driver was suspended or revoked for an offense other than those 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 authorize the 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, acceptance corporation, 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 documents specified 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

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. A violation involving a suspended or revoked driver license is different from simply driving without a current and valid driver license.

510.7.1 VEHICLE RELEASE PROCEDURES All vehicles stored or impounded, wherein a Vehicle Storage Report (CHP-180) has been 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, legal owner 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 other paperwork in the Records Division to be filed. 510.7.2 STOLEN VEHICLE RECOVERY NOTIFICATION Cathedral City Police Department dispatchers and records personnel shall immediately attempt 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 or another 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 recovering officer (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 in the mail a notice (CHP 180) providing the location and condition of the recovered vehicle. The written notice shall be mailed within 24 hours of the original reporting agency's receipt of the information of the vehicle, excluding holidays and weekends." Dispatch and/or records personnel shall document the attempt to contact the registered owner and/or legal owner of the recovered stolen vehicle in the Alliance event notes of the call for service and the case report.

Santa Rosa Impound Policy (Sonoma County)

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 impoundment of 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 Fourth Amendment 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 of this organization shall be referred to as a “towed vehicle” (i.e. owner’s request). B. Stored Vehicle – any vehicle removed at the direction of a member of this Department but does not have a police hold attached shall be referred to as a “stored vehicle” (i.e. blocking the roadway, pursuant to an arrest, etc.). C. Impounded Vehicle – any vehicle that is towed at the direction of a member of this organization 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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POLICY I. Vehicle Storage Requirements A. 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 not reasonable or practical to achieve the desired goal. Members must indicate the circumstances necessitating the removal of the vehicle on the Vehicle Report Form (SAPD T-42). Officers shall conduct an inventory of the vehicle and note the contents on the Vehicle Report Form. A vehicle may be impounded under the following circumstances: 1. For further investigation or the vehicle contains evidence of a crime (i.e. securing the vehicle pending scientific analysis or a search warrant, VIN discrepancy, etc.) a. b. The impounding officer should notify the appropriate investigative unit of the hold via telephone and/or email as soon as possible. Vehicles should not be impounded if they do not possess any probative value related to the crime under investigation.

B. C. II.

Vehicle Impound Requirements A.

2. When the driver of the vehicle was involved in any of the following activity pursuant to CVC § 23109.2(a): a. b. c. d. A speed contest in violation of CVC § 23109(a); Reckless driving on the highway in violation of CVC § 23103(a); Reckless driving in an off-street parking facility in violation of CVC § 23103(b); or 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. b. The vehicle’s registration has been expired in excess of six months; The vehicle is displaying a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to CVC § 4853, or a permit that was issued for that vehicle or is not otherwise lawfully used on that vehicle; or The vehicle is displaying an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to CVC § 4853, or a permit.

c.

4. If a driver has been cited for a violation of CVC § 12500 and has no active license suspensions, 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 the vehicle. 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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impound 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 driver’s license, the officer may release 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 driver’s license.

b.

For the purposes of this section and barring articulable circumstances to the contrary, 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. Jeopardize the efficient movement of traffic (i.e. illegally parked); or Subject the vehicle to vandalism or theft (i.e. high crime area).

c. d. 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 at least 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 driver’s license record. The following is a list of service codes: (1) (2) (3) (4) (5) (6) (7) (8) (9) “A” – Notice sent via First Class Mail and was not returned. “B” – Signed suspension notice documentation on file. “D” – Personal service documentation on file. “H” – Suspension notice was acknowledged, no signature. “I” – Notice returned unclaimed. “J” – Written notice served by officer. “K” – Service refused. “L” – Reported deceased. “M” – Verbal notice documentation on file.

(10) “P” – Personal service. (11) “R” – Personal service unsuccessful.

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b.

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 their driving privilege with the exception of codes “I”, “K”, and “R.” (1) In the case of a driver with these service codes listed on the driver’s license record, the officer should complete a DL310 form notifying the driver of the suspension or revocation. The officer should issue the driver a citation for CVC § 12500(a) and the vehicle should be impounded.

(2) c.

Pursuant to CVC §§ 14601 – 14601.5(a), it is “conclusively presumed” that the driver has knowledge of their suspension or revocation when service code “A” is listed. However, CVC § 13106 indicates the presumption of knowledge is a “rebuttable presumption.” Any request on the driver’s 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 the violation. However, it is likely that the Orange County District Attorney’s office will not file a CVC § 14601 charge on service code “A” unless the driver admits knowledge and it is included in the citation notes and/or applicable police reports. Therefore, if the driver fails to admit knowledge, the driver should 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 driver’s privileges have been suspended. It is imperative that the officer complete a DL310 form and provide personal service of the suspension or revocation so the driver’s license record can be updated.

3. When the driver has been cited for a violation of CVC § 12500 but has an active suspension on his/her driving record for which proof of service cannot be established as required above. 4. When the driver has been arrested for a violation of CVC § 23140, CVC § 23152, or CVC § 23153 and one or more of the following conditions exist: a. b. The driver is operating the vehicle in violation of CVC § 12500 or CVC § 14601, the vehicle should be impounded with a 30-day hold. The driver has one conviction for a violation of CVC § 23140, CVC § 23152, or CVC § 23153 in the preceding 10 years, the vehicle should be impounded for 5days pursuant to CVC § 14602.8(a)(1) if: (1) (2) c. The driver has a blood alcohol content (BAC) of 0.10% or greater; or The driver refused to submit to or complete a chemical test requested by the requesting officer.

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 be impounded for 15-days pursuant to CVC § 14602.8(a)(1) if: (1) (2) The driver has a blood alcohol content (BAC) of 0.10% or greater; or The driver refused to submit to or complete a chemical test requested by the requesting officer.

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5.

When the driver of a vehicle operates a vehicle without an ignition interlock device installed in his/her vehicle as required pursuant to their driver’s license record, the vehicle 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 the reason 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 following information: 1. Probable cause for the stop; 2. Results of a records check to determine registration status, license status, prior convictions, etc.

D. E.

Officers shall conduct an inventory of the vehicle and note the contents on the Vehicle Report Form. Officers shall provide the driver with the Impound Release Requirements Form (SAPD T51) indicating the case number and type of impound. 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) as appropriate. 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.

III. Vehicle Impounds for 30-Days A.

B.

C.

The factors necessitating a 30-day impound shall be documented on the Vehicle Report Form, along with any other information necessary to justify the impound at a Post-Storage Hearing 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. b. c. How the driver came to be in possession of the vehicle; How did the driver come into possession of the vehicle’s ignition key; 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 owner should have reasonably known the driver was unlicensed, or that the driver was not properly notified that their license has been suspended, the officer shall either release the vehicle pursuant to the Community Caretaking Doctrine or impound the vehicle without a 30-day hold attached as set forth in the guidelines above.

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E. IV.

Officers shall provide the driver with the Impound Release Requirements Form indicating the case number and type of impound. When it has been determined that an employee should direct the removal of a vehicle from the roadway or off-street parking facility based on the guidelines set forth in this policy, the employee should do the following: 1. Obtain approval from a supervisor; 2. Request a rotational tow; 3. Issue the driver a citation and obtain a right thumb print as appropriate. The fingerprint should not be entered into any computer database unless necessary to positively identify the driver in furtherance of the legal process; 4. Complete the Vehicle Report Form; a. Ensure the proper storage/impound box is checked and enter the appropriate storage authority section.

Towing Procedures A.

5. Conduct a vehicle inventory and list the contents on the Vehicle Report Form; 6. Allow the driver to remove personal property from the vehicle; a. Employees should not allow anyone to removed fixed objects from the vehicle. 7. Provide the driver with the Impound Release Requirements Form indicating the case number and type of impound; 8. Assist as necessary in ensuring the driver/passengers are at a location where they can safely arrange for transportation. 9. Obtain the tow truck driver’s signature on the Vehicle Report Form; 10. Enter the vehicle information in the Impound/PPI Log; 11. Attach a copy of the vehicle registration print-out and submit the report to the Station Supervisor for approval. V. Vehicle Releases A. When a vehicle has been impounded and a hold in excess of one-day has been placed on the vehicle, the Santa Ana Police Department is required to provide a Post-Storage Hearing as soon as practical under the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, CVC § 22852 and case law. Therefore, the Traffic Division will provide the driver and/or owner an opportunity to appeal the impound during established hours on every business day and will ensure the appeal is concluded within 48 hours of the request, excluding weekends and holidays. The Post-Storage hearing shall be conducted by a supervisor or designated officer within the Traffic Division. The hearing officer may consider holding the vehicle under the following circumstances, the reason for which shall be sufficiently documented on the Post-Storage Hearing Form (SAPD T-53):

B. C.

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1. 2. 3. 4. 5. 6.

The driver has one prior instance of driving without a valid licensed in the past nine months; The driver has two or more prior instances of driving without a valid license in the past three years; The driver was cited or arrested for DUI, hit and run, or other unsafe driving practices while operating a vehicle without a valid license; The driver was on probation for driving without a valid license and was in violation of their probation; The driver was operating a vehicle while his/her driving privilege was suspended or revoked; The driver was cited or arrested for engaging in reckless driving, a speed contest, or exhibition of speed where the conduct posed a danger to the community and the vehicle was impounded pursuant to CVC § 23109.2(a); The driver was arrested for DUI with a BAC greater than 0.10% or refused a chemical test and has one prior conviction in the preceding 10 years (5-day hold); The driver was arrested for DUI with a BAC greater than 0.10% or refused a chemical test and has two or more prior convictions in the preceding 10 years (15day hold); The owner knew, or should have known if he/she had made a reasonable attempt to establish the license status of the driver, that the driver did not have a valid driver’s license and the driver falls into one of the categories enumerated in this section.

7. 8.

9.

D.

In all other cases or when required pursuant to CVC § 14602.6(a), the vehicle should be released unless the hearing officer determines there are extenuating circumstances necessitating a hold. In such cases, the hearing officer shall provide a detailed description of those reasons on the Post-Storage Hearing Form. Once a release has been authorized by the hearing officer, the vehicle shall not be released until all fees have been paid and the driver and/or registered owner has met the statutory requirements for release (i.e. presentation of a licensed driver, current registration, etc.). Investigative holds shall require the approval of the appropriate investigative unit before the vehicle can be released. Although the procedures outlined above are intended to provide guidance for the hearing officer to ensure the results of Post-Storage Hearings are equitable, nothing in this policy is intended to prevent the hearing officer from taking reasonable action based on the individualized circumstances of each case. The tow companies selected to participate in the rotational towing program shall be selected at the discretion of the Chief of Police based on the City’s needs and the tow company’s ability to meet the requirements of the Rotational Tow Agreement created in accordance with SAMC 32-107. Tow companies may be suspended or removed from the rotational tow list for infractions of the Rotational Tow Agreement. Employees should report violations of the agreement to

E.

F. G.

VI.

Rotational Tow Trucks A.

B.

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the Traffic Division for review. A complete list of requirements can be obtained from the Traffic Division. Some of the common requirements that effect employees in the field include, but are not limited to: 1. 2. 3. 4. 5. 6. 7. 8. 9. Ability to provide towing services 24-hours per day, 7-days per week. Ability to respond to calls within 25 minutes. Repeated or flagrant violations of the California Vehicle Code by the driver or owner(s) of the tow service. Providing false or misleading information. A demonstrated unwillingness to respond and/or pick up abandoned or derelict vehicles. Failure to maintain a Santa Ana business license. Adequate space to store at least 100 vehicles and up to four vehicles for the purposes of processing evidence. Maintain at least four tow trucks with a lifting capacity of 16 tons and should also have at least one flatbed tow vehicle available. Tow truck drivers shall maintain the proper class of license for the tow vehicle they are operating.

10. On accident calls, tow service providers shall clean up and remove all debris from the scene. C. In the case of an owner’s request tow, employees of the Santa Ana Police Department shall refrain from recommending a towing company to any member of the public. However, if a specific tow company is requested (i.e. AAA), an employee may request that company on behalf of the citizen. Employees shall utilize the rotational tow list for all storages and impounds. The fee schedule shall be created and adjusted in accordance with subsection 14, of Section C of the Rotational Tow Agreement. The fees shall be reviewed by the Traffic Division annually to ensure they are consistent with market rates for other police tow and storage rates in the Southern California area.

D. E.

PAUL M. WALTERS Chief of Police

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Appendix “A”

VEHICLE IMPOUND FLOWCHART
Expired or None Issued with no priors

CVC § 12500

None Issued with priors

Was driver arrested for DUI, Hit & Run or Reckless Driving? No Release the vehicle to licensed driver on scene. Give the driver a reasonable amount of time to have a licensed driver respond to the scene.

Yes

Has the driver been cited for a licensing violation in the past 9 months? Has the driver been cited two or more times for licensing violations in the past 3 years? Does the driver have an active licence suspension that has yet to be served? Was the driver arrested for DUI, Hit & Run or Reckless Driving?

Does the vehicle jeopardize public safety, the efficient movement of traffic, or would be subject to vandalism or theft as described in the Community Caretaking Doctrine? No Leave the vehicle secured at the scene. Yes

No

Yes

Impound the vehicle

Leave the vehicle secured at the scene.

Impound the vehicle

Post Storage Hearing

Post Storage Hearing

Vehicle held or released based on policy criteria.

Vehicle held or released based on policy criteria.