Policy Text
TOM DaRé , CHIEF OF POLICE
Professional Standards Division NUMBER: 2022 -09
ISSUED: September 7 , 2022
Criteria for Vehicle Entry in SVS
This training bulletin is intended to establish grounds for whether or not vehicles should be
entered into SVS. With the advancement in criminal strategies and concepts, suspects are
utilizing various methods to commit auto -theft on a more frequent basis.
Current trends show suspects are becoming more sophisticated in unlawfully obtaining/retaining
vehicles. Suspects are becoming more proficient at incorporating fraud tra nsactions in order to
obtain newer, more sophisticated and expensive vehicles. The significance behind this strategy is
it initially allows the suspect(s) to have access to and use the vehicle for an extended amount of
time before banks, dealerships, fraud victims and law enforcement are made aware of the
unlawful purchase/theft. This often times allows suspects to commit other crimes with more
layers of obscurity, as any tangible information, such as R/O information, is later determined to
be inaccurate/fa lse. In the same way suspects are purchasing new or used vehicles, they are
also fraudulently renting vehicles to facilitate the same goals of driving the vehicle without any
financial or criminal culpability.
Officers/Investigators must verify if a fraudu lent transaction has occurred prior to deeming the
vehicle stolen. This can be done by identifying and obtaining a statement from the actual victim
of fraud/identity theft. Follow -up actions can be differentiating the form of ID/driver’s license
given to t he individual or business at the time of lease/purchase/rental. Information such as
name, DOB, social security number, address and photo are all relevant. Officers/Investigators
can use investigative tools (AFR, Coplink, DMV Photo and RMS) to determine inc onsistencies and
identify potential suspects to substantiate the crime. Officers/Investigators should always verify
any association between victim and suspect(s) if they are identified.
The most apparent confusion seems to be when verified buyers/renters o f vehicles are failing to
continue payments or return vehicles. An example of this being a lawful renter, who has had
their identity verified with multiple forms of ID, cannot be located and is no longer responding to
calls from a business to return the ve hicle. Depending on the circumstances this can be either
civil or criminal. The most important factor with case like this is DO THEY DESIRE/ARE THEY
WILLING TO SUPPORT PROSECUTION AGAINST ANY SUSPECTS UNLAWFULLY IN
POSSESSION OF THE VEHICLE .
Officers need to consider what kind of liability the public, PD and other agencies are being
exposed to by entering/not entering a vehicle into SVS. If a vehicle is outright stolen or
purchased through fraudulent means it is theft . There is no debating ove r this. Rental
agreements need to have willing victims so we are not exposing the public and agencies to
unnecessary liability. TRAINING BULLETIN
DO NOT ENTER VEHICLE INTO SVS – If rental entities (individuals or businesses) do not want
to be victims or support prosecution. Law enforcement is not intended to be utilized as a
repossession company/service.
ENTER VEHICLE INTO SVS – In any incident where a crime has been confirmed by fraudulent
means or outright theft.
Common Sections:
PC 532 – Theft by false pretense. This stat ute prohibits defrauding somebody of their money or
property using false promises, such as convincing someone to voluntarily give up something of
value through fraudulent representation.
- Providing someone information you know is false
- Making a promise you have no intention of keeping
- Not giving someone information you are obligated to provide
- Making a reckless misrepresentation to someone
The penalty for this offense is based on the value of the item(s) that were taken.
PC 487(d)(1) – Grand theft auto. The unlawful taking of someone else’s vehicle, worth $950 or
more, without permission, with the intent to deprive the true owner of the vehicle.
- The main ways this statute differs from VC 10851(a) are the expectation of depriving the
vehicle owner for a more s ubstantial amount of time, and the value shall always exceed
the felony threshold of $950.
- Because of these differences, this section carries a stronger penalty than CVC 10851(a).
VC 10851(a) – Taking a vehicle without consent. Any person who drives or ta kes a vehicle not
his or her own, without the consent of the owner thereof, and with intent either to permanently
or temporarily deprive the owner thereof of his or her title to or possession of the vehicle,
whether with or without intent to steal the vehi cle, or any person who is a party or an accessory
to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense
and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more
than one ye ar…or by a fine of not more than five thousand dollars ($5,000), or by both the fine
and imprisonment.
VC 10855 - Whenever any person who has leased or rented a vehicle willfully and intentionally
fails to return the vehicle to its owner within five days a fter the lease or rental agreement has
expired, that person shall be presumed to have embezzled the vehicle.
- The exception to this section is if the owner of the vehicle that has been leased or rented
discovers that it was procured by fraud, the owner is n ot required to wait until the
expiration of the lease or rental agreement to inform law enforcement.