Police Department Policy

GGPDE_502_-_Vehicle_Towing_and_Release_Procedu_2837300

Garden Grove PD

Policy Text
Procedure 502Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentVehicle Towing and Release Procedures - 1Vehicle Towing and Release Procedures 502.1 PURPOSE AND SCOPE This procedure will establish guidelines for the legal removal of vehicles, when necessary, from the roadway at an accident scene, or in any situation where a vehicle is obstructing normal, safe traffic flow. This procedure will also cover vehicles stored or impounded incidental to the driver's arrest or for evidentiary purposes. 502.2 STOLEN VEHICLE IMPOUNDS Vehicles, which are recovered stolen vehicles, will be handled in the following manner. 502.2.1 STOLEN WITHIN THE CITY OF GARDEN GROVE (a)The vehicle owner shall be contacted and requested to respond to the location to take custody of the vehicle. (b)Any crime scene investigation for evidence shall be completed as necessary by the officer or Crime Scene Investigation personnel before it is released to the owner. (c)If the owner cannot be located, the vehicle shall be towed to an authorized tow company storage facility and a Vehicle Recovery Report completed. An SVS entry will also be completed. The storing officer shall indicate in his or her report that the vehicle is being stored for custodial purposes only. (d)The auto theft investigator will be responsible for notifying the owner as to the disposition of the vehicle, and providing the owner or his agent with the necessary release. 502.2.2 STOLEN OUTSIDE THE CITY OF GARDEN GROVE (a)Any crime scene investigation for evidence shall be completed as necessary by the officer or Forensic Services Unit personnel. (b)The officer shall have the vehicle towed to an authorized tow company storage facility. The storing officer shall indicate in his or her report that the vehicle is being stored for custodial purposes only. A Recovered Stolen Vehicle Report will be completed on the vehicle, and SVS entry will be completed. (c)Records will be responsible for notifying the reporting agency of the vehicle recovery by teletype. Records will send the registered owner a notification letter as prescribed by the California Vehicle Code. 502.3 REGISTRATION & VEHICLE IMPOUNDS Registration Impounds - If the driver of a vehicle is stopped for a violation of 4000(a) CVC, the officer shall do one of the following enforcement actions: (a)Issue the driver a citation for violation of 4000(a) CVC and release him/her, the vehicle will not be impounded per 22651(o) CVC.; OR (b)Impound the vehicle for 22651(o) CVC; a citation will not be issued for 4000(a) CVC. Garden Grove Police Department Procedures Manual Vehicle Towing and Release Procedures Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentVehicle Towing and Release Procedures - 2The officer may do one or the other, not both. This is based on California case decision, Spilman v. California Highway Patrol (1989, 1st Dist) Cal App 3d 59, 260 Cal Rptr 400. This does not prohibit the impounding of the vehicle if it falls under another legal impounding provision separate from the registration issue. Vehicle Impounds - All vehicle impounds/storages shall be completed pursuant to a valid storage/ impound authority section and when one or more of the following valid Community Care Doctrine conditions are met: (a)The vehicle is in a location where it presents a traffic hazard; or (b)The vehicle needs to be protected from theft or vandalism, which may occur if the vehicle is left parked and unattended; or (c)The immediate unlawful operation (e.g. by an unlicensed driver, suspended driver) must be prevented. Officers must articulate on their impound form which Community Care Doctrine function is being met. This will help with post storage tow hearings that are conducted by the tow-hearing officer. If a driver is detained and is found to be driving on a suspended driver's license or has never been issued a driver’s license, the officer may impound the vehicle per 14602.6 VC and issue the driver a citation for the appropriate license violation. If the license is expired or suspended for nonpayment of child support, DMV suspension code will state suspension per DSS; the officer may impound the vehicle for 22651(p) VC and issue the driver a citation for the appropriate license violation. If the driver is arrested for DUI, the vehicle may be stored/impounded under 22651(h) VC. If the driver is a juvenile and found to be in violation of 23136 VC, the vehicle may be stored/impounded under 22651(h)(2) VC. If the DUI driver has one prior conviction for VC 23140, 23152 or 23153 within the preceding 10 years and the driver is arrested with a blood alcohol content of 0.10 or above, as determined with two breath test samples administered either in the field or at the station, the vehicle may be impounded for 5 days pursuant to 14602.8 CVC. If the DUI driver has 2 or more prior convictions for VC 23140, 23152 or 23153 within the preceding 10 years and the driver is arrested with a blood alcohol content of 0.10 or above, as determined with two

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