doc_1004905

Procedure 5030Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2019/12/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentVEHICLE STORAGE AND IMPOUNDS - 1VEHICLE STORAGE AND IMPOUNDS 5030.1 PURPOSE These procedures are related to the storage or impoundment of vehicles and, if applicable, the subsequent release of any holds. Nothing in this procedure shall require the storage or impoundment of a vehicle unless mandated by law. 5030.2 BACKGROUND The Santa Ana Police Department is committed to ensuring safe roadways for pedestrians and the motoring public. In furtherance of this goal, members of this Department will occasionally remove vehicles from the roadway for a variety of reasons. When a vehicle is stored or impounded, it is important officers understand this action is viewed as a seizure under the Fourth Amendment of the United States Constitution. Therefore, the vehicle must be removed in accordance with the Constitution, statutory authority and applicable court rulings. 5030.3 DEFINITIONS All reports, investigations, administrative reviews and internal documentation regarding vehicle storage or impounds should use the same terminology. Inconsistent terminology may lead to confusion and allow or prevent a vehicle from being released erroneously, hindering investigations and potentially expose the Department to liability. 1.Community Caretaking - The protection of the public to ensure the flow of traffic, to prevent theft or vandalism, or some other community caretaking need, as articulated by the officer. 2.Towed Vehicle – A vehicle that is towed at the direction of someone other than a member of this organization shall be referred to as a “towed vehicle” (i.e. owner’s request). 3.Stored Vehicle – A vehicle removed at the direction of a member of this Department but does not have a police hold attached shall be referred to as a “stored vehicle” (i.e. blocking the roadway, pursuant to an arrest, etc.). 4.Impounded Vehicle – A vehicle that is towed at the direction of a member of this organization that has a police hold placed upon it shall be referred to as an “impounded vehicle” (i.e. vehicle contains evidence of a crime, unlicensed driver with or without a 30-day hold, unregistered vehicle over six months, etc.). 5030.4 VEHICLE STORAGE AND REQUIREMENTS 1.A vehicle may be removed in accordance with the California Vehicle Code (CVC) whenever permitted by law and an alternate means of securing the vehicle is not reasonable or practical to achieve the desired goal. 2.Members must indicate the circumstances necessitating the removal of the vehicle on the Vehicle Report Form (SAPD T-42). Santa Ana Police Department Santa Ana PD Procedures Manual VEHICLE STORAGE AND IMPOUNDS Copyright Lexipol, LLC 2019/12/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentVEHICLE STORAGE AND IMPOUNDS - 23.Officers shall conduct an inventory of the vehicle and note the contents on the Vehicle Report Form. 5030.5 VEHICLE IMPOUND REQUIREMENTS 5030.5.1 A VEHICLE MAY BE IMPOUNDED UNDER THE FOLLOWING CIRCUMSTANCES: 1.For further investigation or the vehicle contains evidence of a crime (i.e. securing the vehicle pending scientific analysis or a search warrant, VIN discrepancy, etc.) (a)The impounding officer should notify the appropriate investigative unit of the hold via telephone and/or email as soon as possible. (b)A Vehicle should not be impounded if it does not possess any probative value or evidence related to the crime under investigation. 2.When the driver of the vehicle was involved in any of the following activity pursuant to CVC § 23109.2(a): (a)A speed contest in violation of CVC § 23109(a); (b)Reckless driving on the highway in violation of CVC § 23103(a); (c)Reckless driving in an off-street parking facility in violation of CVC § 23103(b); o (d)Exhibition of speed on a highway in violation of CVC § 23109(c). 3.The vehicle is found or operated on a highway, public lands, or an off-street parking facility in violation of CVC § 22651(o) when: (a)The vehicle’s registration has been expired in excess of six months; (b)The vehicle is displaying a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to CVC § 4853, or a permit that was not issued for that vehicle or is not otherwise lawfully used on that vehicle; or (c)The vehicle is displaying an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to CVC § 4853, or a permit. (d)If a vehicle is being removed pursuant to CVC § 22651(o), the officer must articulate a community caretaking need. 4.If a driver has been cited for a violation of CVC § 12500 and has no active license suspensions, the officer shall consider releasing the vehicle to a licensed driver who is on the scene or allow another licensed driver a reasonable amount of time to pick up the vehicle. Releasing a vehicle to another licensed driver shall only be done with the consent of the registered owner. After such consideration the vehicle may only be impounded in accordance with the Community Caretaking Doctrine. Therefore, an impound can only be authorized