Policy Text
1 (10/17 /2017 ) ST. PETERSBURG POLICE DEPARTMENT
INSTRUCTIONAL ORDER
Subject: IMPOUNDING VEHICLES USED TO FACILITATE PROSTITUTION, SEX
AND DRUG RELATED CRIMES OR IF DRIVEN/OPERATED UNDER
THE INFLUENCE
Index as: Assignation
Drug Arrest; Impounding Vehicle
Impo unding Vehicles for Drug, Sex, Prostitution Crimes , or if Driven/Operated Under the Influence
Prostitution Arrest; Impounding Vehicle
Vehicle, Impounding for Drug, Sex, Prostitution Crimes , or if Driven/Operated Under the Influence
Accreditation Standards: 1.2.4, 61.1.11 , 61.4.3 and CFA 18.13
Cross Reference: Instructional Order V.5:12, Seizure and Forfeiture Procedures
§796.07, §800.02, §800.03, §893.02, §893.03, §316.193 F.S.S.
Arizona v. Gant 556 U.S.332 (2009)
C.O. 20 -122 and 20 -124
Replaces : I.O. V.5:3, Impounding Vehicles Used to Facilitate Prostitution, Sex and Drug Related
Crimes, ( July 6, 2010 )
This Order consists of the following sections:
I. Purpose
II. Definitions
III. Authority to Impound Vehicle
IV. Impounding and Report Procedure
V. Search and Inventory Procedures
I. PURPOSE
This Order establishes uniform guidelines for implementation of City Ordinance 20 -122, Impoundment of Motor Vehicles
Used to Facilitate Prostitution , Sex, and Drug Related Crimes or If Driven/Operated Under the Influence . The Ordinance
provides for up to a $500.00 civil administrative penalty and the right to a preliminary hearing and a final hearing before a n
impartial Hearing Master. The maximum $500.00 fine does not include towing and storage fees.
II. DEFINITIONS
A. Assignation – The making of any appointment or engagement for prostitution or lewdness, or any act in furtherance
of such appointment or engagement.
B. Co-owner – Any natural person owning a motor vehicle in common with another, regardless of marital relatio nship
or the conjunctive term used on registration or title documents.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
August 2017 Immediately V.5:03
Distribution: All Employees
Instructional Order V.5: 03
Revisions or additions are highlighted 2 (10/17 /2017 ) C. Owner – The natural person or persons who is or are a registered or titled owner of a motor vehicle, or a natural
person or persons having other proof of ownership of a motor vehicl e including, but not limited to, a bill of sale or open title
signed by the previous owner.
III. AUTHORITY TO IMPOUND VEHICLE
A. A motor vehicle is subject to impoundment whenever a Police Officer has ARRESTED or has issued a NOTICE TO
APPEAR to the owner or co -owner, and their vehicle was used to facilitate:
1. The commission or attempted commission of an act of prostitution, assignation or lewdness as defined in
§796.07; F.S.S., or
2. The commission of an act of solicitation for prostitution, lewdness, or assignation in violation of §796.07; F.S.S.,
or
3. The commission of an unnatural or las civious act in violation of §800.02; F.S.S., or
4. The commission of the exposure of s exual organs i n violation of §800.03; F.S.S., or
5. The commission of a violation of City Ordinance 20-121, relating to precursor acts facilitating prostitution; or
6. The commission of any violation of Chapter 893, Florida Statutes; or
7. The vehicle is found to unlawfully contain any contro lled substance as defined in §893.02 or §893.03, F.S.S .,
or
8. The vehicle was driven or operated under the influence in violation of § 316.193 , F.S.S.
B. No vehicle shall be impounded under the provisions of C.O. 20 -122 if:
1. At the time the vehicle is subject to seizure and impoundment, it is under the control of a person other than an
owner or co -owner and the owner or co -owner was not present at the time the vehicle became subject to seizure or
impoundment ; or
2. The vehicle is determined to be stolen at the time that it became subject to impoundment; or
3. It is determined the vehicle is subject to seizure pursuant to the Florida Contraband Forfeiture Act. If subject to
seizure under this Act, the O fficer may follow the procedures set forth in J:\Research \GeneralOrders \V Instructional
Orders \V5-12 Seizure & Forfeiture Procedures.pdf , or proceed with Impoundment per C .O. 20 -122.
IV. IMPOUNDING AND REPORT PROCEDURE
A. Officers may seize and impound a motor vehicle pursuant to C.O. 20 -122 when the requirements set forth in S ection
III have been met.
B. Upon de ciding to seize a vehicle, the Officer shall notify a S upervisor who will assist in making a determination
whether to proceed with impoundment or forfeiture