Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 11/01/201 8 11/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______________________
512 - Vehicle Impound Hearings 1 POLICY 512 VEHICLE IMPOUND HEARINGS
512.1 PURPOSE AND SCOPE
This policy establishes a procedure for the requirement to provide vehicle storage or impound
hearings pursuant to Vehicle Code § 22852.
512.1.1 ACCREDITATION STANDARDS
This section pertain s to the following CALEA Standards: 61.4.3
512.2 STORED OR IMPOUND HEARING
When a vehicle is stored or impounded by any member of the Tustin Police Department, a
hearing will be conducted upon the request of the registered or legal owner of the vehicle or
his/her agent ( Vehicle Code §§ 22650(a) and 22852(a)).
The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays .
The hearing officer must be a person other than the person who directed the storage or impound
of the vehicle ( Vehicle Code § 22852(c)).
512.2.1 HEARING PROCEDURES
The vehicle storage hearing is an informal process to evaluate the validity of an order to store or
impound a vehicle. The employee who caused the storage or removal of the vehicle does no t
need to be present for this hearing.
All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in
writing or by telephone within 10 days of the date appearing on the notice ( Vehicle Code §
22852(d)). The Traffic Sergeant or Watch Commander will generally serve as the hearing officer.
The person requesting the hearing may record the hearing at his/her own expense.
The failure of either the registered or legal owner or interested person or his/her agent to request
a hearin g in a timely manner or to attend a scheduled hearing shall be considered a waiver of and
satisfaction of the post -storage hearing requirement ( Vehicle Code §§ 22851.3(e)(2) and
22852(d)).
Any relevant evidence may be submitted and reviewed by the hearing officer to determine if
reasonable grounds have been established for the storage or impound of the vehicle. The initial
burden of proof established by a preponderance of the evidence that the storage/impound was
based on probable cause rests with the department.
After consideration of all information, the hearing officer shall determine the validity of the storage
or impound of the vehicle in question and then render a decision. The hearing officer shall also
consider any mitigating circumstances attend ant to the storage that reasonably would warrant the
release of the vehicle or a modification or reduction of the period the vehicle is impounded
(Vehicle Code §§14602.6(b) and 14602.8(b)).
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 11/01/201 8 11/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______________________
512 - Vehicle Impound Hearings 2 Aside from those mitigating circumstances enumerated in the Vehic le Code, the registered
owner’s lack of actual knowledge that the driver to whom the vehicle was loaned was not validly
licensed may constitute a mitigating circumstance warranting release of the vehicle if the owner
made a reasonable inquiry as to the lic ensed status of the driver before lending the vehicle
(Vehicle Code §14604(a) and §14604(b) .
The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to
Vehicle Code §14602.6. If this purpose is not furthered by the c ontinued impoundment of a
vehicle, release is most often appropriate.
a) If a decision is made that reasonable grounds for storage or impound have been
established, the hearing officer shall advise the inquiring party of the decision and that the
inquiring party may pursue further civil remedies if desired .
b) If mitigating circumstances are found to be relevant, the hearing officer shall make
reasonable adjustments to the impound period, storage or assessment of fees as
warranted .
c) If a decision is made that re asonable grounds for storage or impound have not been
established or sufficient mitigating circumstances exist, the vehicle in storage shall be
released immediately . Towing and storage fees will be paid at the department’s expense
(Vehicle Code § 22852(e) ).
d) If a decision is made that reasonable grounds for storage have not been established or
sufficient mitigating circumstances exist, and the vehicle has been released with fees
having been paid, the receipt for such fees will be forwarded with a letter to the
appropriate Bureau Commander . The hearing officer will recommend to the appropriate
Bureau Commander that the fees paid by the registered or legal owner of the vehicle in
question or their agent be reimbursed by the department .