Policy Text
TRAINING BULLETIN
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.” Index Number: III-E.5
Alpha Index: Impounding Vehicles
Under Authority 14602.7 (a) CVC Effective Date:
30 Oct 08
Impounding Vehicles
Under Authority 14602.7(a) CVC
Procedures for Completing Affidavit, and Impounding Vehicles used in Violation of California Vehicle
Code (CVC) §§2800.1, 2800.2, 2800.3, or 23103.
This Training Bulletin identifies the steps to impound vehicles and hold them for 30 days when the
vehicle has been used in violation of Evading a Police Officer or Reckless Driving.
Impounding Vehicles Under Authority 14602.7(a) CVC
The information in this bulletin is to provide officers information on towing procedures for 14602.7(a)
CVC. This section allows officers to obtain a warrant to remove vehicles that are used in violation of
CVC §§ 2800.1, 28 00.2, 2800.3 or 231 03 and impound them for 30 days. Recently, several drivers have
been fleeing when officers have been attemp ting to stop them for traffic violations.
Relevant Vehicle Code Sections
14602.7(a)
This section allows a police officer to obtain a seizure warrant for a vehicle that was used in
the commission of 2800.1, 2800.2, 2800.3, or 23103 CVC. When one of the mentioned
offenses is committed in an officer’s presence, the officer can present an affidavit to a
magistrate for a vehicle seizur e warrant. The officer can then impound the vehicle and hold it
for 30 days.
2800.1(a)
Any person who, while operating a motor vehicle and with the intent to evade, willfully flees
or otherwise attempts to elude a pursuing police officer’s motor vehicle is guilty of a
misdemeanor.
2800.2(a)
Any person who flees a police officer as 2800.1(a), and the pursued vehicle is driven in a
wanton disregard for the safety of persons or property is guilty of a misdemeanor or felony.
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Impounding Vehicles Under Authority 14607.2 (a) CVC, Index Number III-E.5
2800.3
Any person who flees a police officer as 2800.1(a ), and causes death or serious bodily injury
is guilty of a felony.
23103(a)
Any person who drives any vehicle on a highway in a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
23013(b)
Any person who drives any vehicle in any offstr eet parking facility in a willful or wanton
disregard for the safety of persons or property is guilty of reckless driving.
Crime Report
A Crime Report shall be completed for the offense committed (CVC §§2800.1, 2800.2, 2800.3 or 23103).
A crime report for any of the 2800 series violations should minimally include:
1. At least one solid red light was illuminated from the police car
2. A siren was sounded (as reasonably necessary)
3. The police car was distinctively marked
4. The officer was wearing a police uniform
Additionally, the report shall articulate the actions of the driver which indicate a willful intent to evade
the officer.
A Crime report for 23103(a) CVC must show that the person was driving in a willful and wanton
disregard for the safety of persons or property. All traffic violations committed should be documented
individually. Often, a charging D.A. will want to show at least 3 separate moving violations to charge
23103(a) CVC.
For all traffic reports, it is imperativ e that the crime report accurately describe the vehicle involved. This
is to minimally include the license pl ate, vehicle make, and color. The report must also include as much
of a description of the driver as possible.
State in your report that you are requesting a seizure warrant be issued for the vehicle under authority of 14602.7(a) CVC.
Stored Vehicle Report
The stored vehicle report must contain the Tow Auth ority Section, 14602.7(a) CVC. The report needs a
brief summary (Box 31) of the reason for the tow, including the CVC violation section. Enter the
14602.7(a) violation on the “Other Tow” line (Box 9a) and check the “30-Day Hold” (Box 30) on the
Report. The Hearing Officer may not have a copy of the affidavit, crime report, or warrant. So the Stored
Vehicle Report must contain enough information for him/her to make a decision as to whether to release the vehicle.
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30 Oct 08 ● Oakland Police Department
Traffic Investigations Follow-Up
Traffic investigations shall review reports with a re quest for a seizure warrant and determine whether the
circumstances justify seeking a warrant . If appropriate, traffic investigations shall complete an affidavit
and present it to a magistrate to obtain a warrant.
Serving Warrants and Impounding Vehicles
Once a warrant is authorized and issued by a magistrate , the traffic investigator shall return the warrant to
the requesting officer’s first-level commander for service. The first-level commander shall have the
primary responsibility for ensuring the warrant is se r