46028964.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Vehicle Inventory, Tow and Release CALEA 61.4.3, 1.2.4 Procedures PRIOR REVISIONS PROPONENT UNIT 04/27/10, 04/21/16, Logistics Division 03/23/20 ATTACHMENT: NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 84.2 07/01/98 01/06/2022 9 I. PURPOSE: This Order establishes procedures for towing, inventorying and releasing vehicles impounded by the Department. II. POLICY: Authorized Gainesville Police Department members shall tow vehicles when lawfully appropriate, such as when vehicles are illegally parked, abandoned and/or dangerous; seized and/or needed as evidence to further a criminal investigation; and towed as prisoner property. All Department-ordered tows shall be accomplished utilizing the contractual wrecker, and shall be in accordance with applicable State and municipal law, as well as with this Order, to ensure proper tow, storage, inventory, and release of vehicles. Ill. DEFINITIONS: City Property: Any property owned by the City, including all streets, parking lots and rights-of-, way. Contractual Wrecker: The wrecker service currently under contract to tow and store vehicles at the direction of Department members pursuant to a law enforcement action. Department-Ordered Tow: A tow ordered by a member of the Gainesville Police Department to remove a vehicle, pursuant to a law enforcement action to a designated storage compound. Impound: To take [a vehicle] into legal custody. Private Property: Property owned by an individual, corporation or other entity (not the City) onto which the general public is not openly invited. Quasi-Public Property: Private property not owned by the City but onto which the general public is invited to travel by motor vehicle (includes parking lots such as those at the Oaks Mall and Wal-Mart, but does NOT include private doctors' office parking lots, for example).\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER Rotation Wrecker: Wrecker services, on an approved list, that are called, on a rotating basis via a law enforcement request, to send tow trucks to a citizen’s need for service. Tow Administrator: Designated Department Member who serves as, the evidence custodian for vehicles towed via the contract tow company as evidence. Vehicle Hold: A Department-ordered tow involving the placement of a ‘HOLD’ on a vehicle until the need for further law enforcement action (processing, forfeiture, etc.) can be determined or can occur. IV PROCEDURE: The following actions shall be performed when a vehicle is impounded. A. Member’s Responsibility: 1. Members are responsible for ensuring that towing decisions are within the guidelines, policies and practices of the Department when initiating a tow. 2. Members unfamiliar with the policies and/or the current situation shall contact a supervisor for guidance. B.Impound Documentation: The following documentation will be required: 1. Vehicle Tow Report: The Department member ordering the tow will complete, or cause to be completed, a Vehicle Tow Report. The Vehicle Tow Report shall be completed within Visual MCT through the MFR function. Members shall obtain a case report number for the vehicle tow. i. Within the MFR menu, the department member will click on the Tow/Impound module and complete all required fields. At a minimum, all of the following information is required: a. Vehicle owner information b. Vehicle information c. Time, date and location of the tow; d. Department member requesting the tow; e. Reason for the removal or tow; f. Towing service’s name; g. Location of the vehicle ii. Within the notes section of the vehicle tow report the member shall note: a. Notification (or attempts) to notify the registered owner (within notes or report narrative); b. Inventory of contents; and items recovered 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER c. Hold Request: Yes or No- If Yes-Reason hold placed or removed on a vehicle is required. d. Criminal offense e. Vehicle Tow Reports requiring a hold, require to be approved by a supervisor. The name of the approving supervisor shall be documented in the notes section of the tow report. f. Request for vehicle to be processed, (type of processing and reason) g. Vehicle damage h. Tow information i. Parking violations. iii. The Records Section will be responsible for creating a report shell in RMS to document the Vehicle Tow Report if no original report is generated by the member. 2. Tow Receipt: The Department member ordering the tow shall sign the tow receipt. The contractual tow company shall be responsible for maintaining copies of the receipts. The Department member shall place a copy of the signed tow receipt into records documenting the related CR number. C. Inventory: Members shall conduct an inventory of the contents of contracted towed vehicles to protect the owner’s property and to protect officers from dangerous items or substances. [CALEA 1.2.4] 1. Restrictions on Conducting Inventories: (See G. O. 1.4 regarding warrantless vehicle searches.) i. The inventory shall not be conducted in lieu of a search for the purpose of discovering evidence or contraband. ii. If the vehicle is to be searched for contraband or evidence, the vehicle inventory shall follow a lawful search. iii. If probable cause for a search or evidence of contraband is developed during an inventory, the vehicle may then be searched. iv. Rare exceptions may require that the vehicle be secured and a warrant obtained. Contact a supervisor for guidance. 2. Inventory Documentation: Actions (e.g., extent of areas/items inventoried and disposition) and findings shall be listed on the Vehicle Tow Report-Notes section. Items removed for placement into property shall be noted, along with the case report number, on the Vehicle Tow Report-Notes Section. 3. Disposition of Items of Value: Items of value (i.e., money, cameras, firearms) that are 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER neither evidence nor part of the vehicle shall be removed and submitted pursuant to the procedures in G.O. 84.2 as personal property, using a Property and Evidence Voucher. 4. Property/Evidence Items Removed From Vehicle: A Property and Evidence Voucher shall be completed for property or evidence items that are removed from impounded vehicles. 5. Area Accessibility: Accessible areas (interior, trunk, glove box) and containers (boxes, briefcases, etc.) shall be opened and inventoried. Locked areas/containers shall be opened if keys are available, but shall not be forcibly opened. Note all conditions in the report. i. Add-on equipment or other valuable auto accessories which cannot be removed should be listed and described on the Vehicle Tow Report, and should, when applicable, include manufacturer’s name, model number, serial number, and condition. ii. Containers should be collected, if the container or its contents could reasonably be considered valuable, and disposed of as outlined in Section IV, C, 3 (above) of this Order. D. Vehicles Impounded as Evidence: 1. The storage of vehicles towed as evidence will depend upon whether processing has occurred, whether additional or follow-up processing may occur or is needed, the nature of the crime committed and the evidentiary value of the vehicle and/or its contents. 2. Secure Storage: Vehicles shall be placed in secure storage when the vehicle itself is evidence, contains evidence to be collected pursuant to a search, or needs to be processed for evidence 3. If a vehicle is towed as evidence a hold must be placed on the motor vehicle. All holds . require supervisor approval. 4. Recovered Stolen Vehicles should be processed on scene if possible. If patrol is unable to process on scene due to weather conditions then the vehicle can be towed for processing at a later time. Department members towing vehicles for processing by FCU shall place a copy of the tow report in the FCU tray, located in the property and evi