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GENERAL ORDER #17.02 1 VEHICLE STORAGE AND IMPOUND GENERAL ORDER #17.02 Adopted: 07/07/2010 Updated: 02/22/2010 Replaces: G.O. # 17.02 dated 1/10/2010 Reviewed: 02/22/2010 ****************************************************************************** POLICY Deputies shall give reasonable consideration to other available options before storing or impounding a vehicle. PROCEDURE A. If it is determined that a vehicle on the highway should be towed and there is legal authorization to tow , it may be towed by th e deputy; however, deputies shall give reasonable consideration to other available options before storing or impounding a vehicle. B. Deputies assigned to contract cities should refer to city ordinance and other regulations of the contract city regardin g vehicle impounds and tows. C. DOCUMENTATION CHP 180 form will be used to document all vehicle reports. Accident report supplements (CHP 556) will be used to record additional information. On cases involving suspended or unlicensed drivers, the Suspe nded or Unlicensed Driver Questionnaire will be used. DL310 Verbal Notice by Peace Officer, DMV or Court Employee form should also be used, when appropriate. On cases involving abandoned vehicles, the Santa Clara County Abandoned Vehicle Abatement Servic e Authority (AVASA) Vehicle Abatement Reimbursement Claim Form will be used. D. IMPOUNDED AND STORED VEHICLES An impounded or stored vehicle is a vehicle seized or stored under authority of law. Deputies should refer to the Vehicle Code for the appropri ate sections. GENERAL ORDER #17.02 2 1. Towing Due to Arrest - when a driver of a vehicle is arrested and booked, or cited for being an unlicensed driver or for driving on a suspended license, the following options and considerations should, when possible, be made prior to tow ing: a. If the driver is not the owner or registered owner of the vehicle, is the driver in lawful possession of the vehicle? Is consent to drive or have possession of the vehicle an issue and, if so, can it readily be verified or will it require follow -up investigation? b. Is the vehicle on private property and does the property owner or agent in lawful possession of the property want the vehicle removed? Refer to CVC 22658(a), 22653(c), 22655.5, 22651. c. Is the vehicle legally parked or can it be l egally parked at the scene or location of occurrence? Is the area inherently unsafe to leave the vehicle because it is isolated, in poor lighting, located on a narrow roadway or likely to create a traffic hazard or obstruction? d. Does the vehicle contai n property of value, tools, equipment or machinery which would make the vehicle or contents a target for theft? e. Does the condition of the vehicle itself make it unsafe to leave at the scene? (i.e., doors, windows, trunk lids or locks which don't work properly, convertible tops which can be easily cut to gain entry when valuables are stored in the vehicle or in plain view). f. Is the driver capable of and willing to sign a vehicle waiver release of liability form? Is there a licensed passenger? Does the owner consent to the passenger taking custody of the vehicle? Can the owner be located to determine whether consent may be given? g. Is the driver or person in control of the vehicle impaired or under the influence of alcohol or a controlled substanc e to such a point that their judgment or decision making should be questioned regarding whether or not the vehicle and its contents can be safely left at the scene? h. Is the driver unlicensed or driving on a suspended license? Does the driver show a his tory of these violations within the last five years? i. Is the driver or person in control of the vehicle reasonably likely to unlawfully drive or repeat a driving offense if released at the scene within proximity or access to the vehicle? GENERAL ORDER #17.02 3 j. Is the vehi cle itself evidence or does it contain evidence which must be secured and collected, such as fingerprints, paint transfer, stolen property? (i.e., recovered stolen or embezzled vehicles, hit and run vehicles, altered V.I.N. plates) k. If the driver’s lic ense is suspended , revoked, expired or never issued , the deputy SHALL tow the vehicle. 2. The deputy should utilize the Suspended or Unlicensed Driver Questionnaire - Form 6.05 to assist in determining the options and considerations governing the towing o f the vehicle. 3. Inventory Examination - an inventory examination shall be performed on every vehicle which is towed, as an administrative procedure to protect and safeguard the property and valuables of citizens and also to protect the Sheriff’s Office from civil litigation resulting from lost, missing, damaged or unaccountable property. Items of value shall be listed on either the CHP 180 Form, the Property Report Form or the narrative of the report. In order to ensure that items of value are not overlooked, deputies may inventory the contents of unlocked containers found inside the vehicle if the contents cannot be determined from examining the outside of the container. Locked containers may be opened for inventory with the consent of the person in c ontrol of the container. E. RECOVERED VEHICLES The following guidelines will be