go-64.pdf

\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Vehicle Impounding CHIEF OF POLICE Signature on File Proudly Policing Since 1841 Nationally Accredited 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 64 07/15/1985 03/29/2022 14 AUTHORITY/RELATED REFERENCES FS 715.07, Vehicles or Vessels Parked on Private Property; Towing COT Ordinance 20-46 – 20-49, Impounding Vehicles COT Ordinance 20-131 – 20-135, Abandoned and Non-Operating Vehicles General Order 12, Radio Communications General Order 42, Impounding and Controlling of Property and Evidence General Order 72, Search and Seizure OSB 3, Community Service Technician Program ACCREDITATION REFERENCES CALEA Chapters 61, 82 CFA Chapter 18 KEY WORD INDEX Authorization to Impound Vehicles Procedure I Crime Scene Vehicles Procedure IV Documentation, Notification and Tracking Procedure II Hold and Release of a Vehicle Procedure VIII Impounding When Driver Arrested Procedure V Inventory Procedures Procedure VI Recovered Stolen Vehicles Procedure VII Removing Items from an Impounded Vehicle Procedure IX Vehicle Impounded by Another Agency Procedure III Violation Notice Procedures Procedure X POLICY Members are responsible for adhering to established protocols regarding the impoundment, inventory, storage and releasing of vehicles impounded by the\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT Department. DEFINITIONS Crime Scene: Any location where physical evidence is present, or may be present, that may assist in explaining the events of a crime or certain non- criminal incidents (e.g., missing persons, suicides). Crime Scene Vehicle: A vehicle which is deemed the crime scene of a serious felony crime or incident (e.g., shooting, sexual battery, death investigation, traffic homicide, serious bodily injury crash). Hold: An impound status indicating the vehicle owner cannot retrieve the vehicle from impoundment without permission of the authorized member. Impound(ment): The seizing of a vehicle by an authorized member and the subsequent towing and storage of the vehicle by the City of Tallahassee contract towing company. Second Party Verification: A post-input query of a teletype entry into FCIC/NCIC to ensure the entered information is complete, accurate and valid as mandated by FDLE. TraCS: Traffic and Criminal Software. (Vehicle) Inventory: An accounting of the personal property items located in an impounded vehicle, including unlocked and locked compartments and containers, in order to 1) protect the owner’s property while in Department custody, 2) protect the Department against claims or disputes over lost or stolen property and 3) protect members and citizens from dangerous objects. PROCEDURES I. AUTHORIZATION TO IMPOUND VEHICLES A. The Department has established vehicle impoundment, inventory, storage, and release protocols in support of City Ordinances and State Statutes. Authorization – B. Officers and Community Service Technicians are the only members authorized to impound vehicles and in the course of their official duties are authorized to impound vehicles located within the City of Tallahassee when the vehicle is: GENERAL ORDER 64 PAGE 2 of 14 VEHICLE IMPOUNDING MARCH 29, 2022\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. Parked on any roadway, right-of-way or other public or private property where the vehicle is blocking an entrance or a driveway into public or private property from any roadway, 2. Parked on privately owned property belonging to and obviously a part of a single-family residence without the permission or consent of the owner of such property, 3. Illegally parked and left unattended upon a roadway, 4. Disabled and a traffic obstruction or hazard (to persons or property) and the person in charge of the vehicle is: a. Absent from the vehicle, or b. Incapacitated or otherwise unable to facilitate the vehicle being moved, 5. Considered a crime scene or contains evidence pertinent to the investigation of a criminal act and certain non-criminal incidents, 6. In the possession of a person who is arrested while driving or in physical control of the vehicle and although the vehicle is not evidence there is no other viable alternative to impoundment, or 7. Abandoned as described in section X below (Violation Notice Procedures) and the owner does not remove the vehicle as directed. C. Except as noted in subsection B 7, members shall obtain supervisory approval prior to impounding a vehicle for situations described in subsections B 1-6, above. II. IMPOUNDMENT DOCUMENTATION, NOTIFICATION AND TRACKING The protocols in this section are applicable to every vehicle impounded by the Department (i.e., towed by contract towing company), regardless of the reason for the impoundment or the likely disposition of the vehicle. A. Each vehicle impoundment shall be reported on a TraCS created Vehicle Tow and Storage Receipt which provides documentation of the following information: 1. Date and time of the impounding, GENERAL ORDER 64 PAGE 3 of 14 VEHICLE IMPOUNDING MARCH 29, 2022\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT 2. Location from where the vehicle was towed, 3. Name of member requesting the tow, 4. Reason for the tow, 5. Name of the towing company, 6. Notification (or attempts) to the registered owner, 7. Insurance company and policy number-if available, and 8. Location to where the vehicle was towed. B. The impounding member is responsible for obtaining the tow truck driver’s signature on the Vehicle Tow and Storage Receipt. C. When the vehicle is abandoned and the owner is not aware the vehicle is impounded, members are responsible for prompt notification to the CDA Teletype operator to ensure FCIC/NCIC entry is made for the impounded vehicle and entry in the CDA tow log. D. In situations as described in subsection C above, members shall perform a second party verification on the impounded vehicle in a manner described in General Order 12 (Radio Communications). E. The impounding member shall as soon as practical complete a TraCS (tow) form and an Impounded Vehicles form (PD 102), and e-mail both to “TPD Vehicle Impounds.” 1. The PD 102 is available on TPD-Net (forms file). 2. Electronically save the PD 102 with the case number as the file name. 3. The e-mail subject line should be the file name (case number). 4. The TPD Vehicle Impounds e-mail group includes members of the Property Crimes Task Force, Forensic Unit, Property and Evidence Unit, Hit and Run Unit, the Wrecker/Towing Officer, and a representative from the contract towing company. III. VEHICLE IMPOUNDED BY ANOTHER AGENCY GENERAL ORDER 64 PAGE 4 of 14 VEHICLE IMPOUNDING MARCH 29, 2022\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT The protocols in this section are applicable when another law enforcement agency impounds a vehicle on behalf of the Department. A. The member contacted by the impounding agency or the CDA regarding the impounded vehicle is responsible for completing the appropriate supplemental report (e.g., stolen vehicle recovery) in a timely manner. B. The contacted member is responsible for: 1. Contacting the CDA for removal of the vehicle status (e.g., stolen vehicle) from FCIC/NCIC, 2. Contacting (or attempting and documenting the attempt to contact) the registered owner, and informing about the recovery and whether or not the vehicle is available for release, 3. Conducting a second party verification on the vehicle in a manner described in General Order 12, and 4. Completing and e-mailing the PD 102 in the manner described in subsection II E above. IV. CRIME SCENE VEHICLE PROTOCOLS A. Members are responsible for taking the necessary special precautions to preserve evidence and not contaminate a crime scene vehicle or any possible evidence contained therein. B. Crime scene vehicles shall not be searched or inventoried by any person without the approval of: 1. The appropriate investigator, supervisor or commander of the Criminal Investigations Bureau or Operational