Police Department Policy

TUSPD_GO_0510_-_Vehicle_Towing_and_Release_Pol_74681

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 07/01/201 8 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____________________________ 510 - Vehic le Towing and Release Policy 1 POLICY 510 VEHICLE TOWING AND RELEASE 510.1 PURPOSE AND SCOPE This pol icy provides the procedures for towing, storing, or impounding a vehicle by or at the direction of the Tustin Police Department. Nothing in this policy shall require the Department to tow a vehicle . 510.1.1 ACCREDITATION STANDARDS This section pertains to the following CALEA Standards: 1.2.4, 61.2.2 , 61.2.3, 61.4.3 , 82.2.1 This section pertains to the following Standard Operating Procedures: CP502 510.2 STORAGE AND IMPOUNDS 510.2.1 VEHICLE STORAGE REPORT Department members requesting towing, storage or impound of a vehicle shall complete the Tustin Police Department Form 114 , Vehicle Report, and accurately record the mileage , when obtainable, and a description of property withi n the vehicle ( Vehicle Code § 22850). A copy of the vehicle report should be given to the tow truck operator and the original shall be submitted to the Records Unit as soon as practicable after the vehicle is stored. 510.2.2 REMOVAL FROM TRAFFIC COLLISI ON SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the communications officer . When there is no preferred company requested, a company will be selected from the rotational list of towing companies in the Communications Center . If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the communications officer call the official towing garage for the City of Tustin. The officer will then store the vehicle using a TPD 114 Vehicle Report . 510.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this Department to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle , however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high crime area). CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 07/01/201 8 TUSTIN POLICE DEPARTMENT GENERAL ORDERS _____________________________ 510 - Vehic le Towing and Release Policy 2 The followin g are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: a) Traffic -related warrant arrest ; b) Situati ons where the vehicle was not used to further the offense for which the driver was arrested ; c) Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity ; d) Whenever the vehicle oth erwise does not need to be stored and the owner requests that it be left at the scene. In such cases the owner shall be informed that the Department will not be responsible for theft or damages . 510.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driv er is stopped at a sobriety checkpoint and the only violation is that the operator is in violation of Vehicle Code § 12500 , the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer sha ll release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is re leased at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle was released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registra tion. 510.2.5 30 DAY IMPOUNDS An officer who intends to impound a vehicle for 30 days shall comply with the elements detailed in Vehicle Code § 14602.6(a)(1). Once those elements are met, the officer shall consider the following: a) The current status of the driver’s DMV record reads: “None issued,” or “Suspended / Revoked” with service given, indicating the driver is aware of their license suspension. b) A review of the driver’s DMV history, specifically including prior convictions for Vehicle Code § 12500(a ), § 14601.1(a), and § 14601.

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