Police Department Policy

173 TAG SEIZURE

Village of El Portal Police Department

Policy Text
POLICY 173.0SEIZURE OF VEHICLE TAGS REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 4/2019 A."The Department of Highway Safety and Motor Vehicles will program the driver license data base to include a notation on each applicable driving record when the license has been suspended for inadequate insurance. The notation will specifically state "SEIZE TAG." An officer should not attempt to enforce Section 324.201, Florida Statutes, unless the driver license status check states "SEIZE TAG." B.When a driver license status check specifies "SEIZE TAG," the officer must make certain that the driver is also the sole owner of the vehicle by confirming the vehicle registration. NOTE: If the registration identifies joint ownership of the vehicle (i.e., John and Jane Smith or ownership by anyone [including a business or corporation] other than the driver) the license plate may not be seized under the authority of Section 324.201, FLA. STATUTE. C.Once it is established that the driver is the sole owner of the vehicle, the officer should: 1.Take steps to obtain a printout of the driver license status check. This printout will represent the agency's/officer's authority to remove the license plate from the vehicle (for court presentation purposes). 2.Remove the tag from the vehicle. 3.Issue a citation for driving with a suspended license and any other applicable violations. In the space provided for "OTHER VIOLATIONS OR COMMENTS PERTAINING TO OFFENSE" insert that the license plate was seized by writing "SEIZE TAG" together with the license plate number (e.g., SEIZE TAG #XYZ-123). Also, note that the DRIVER'S LICENSE was SEIZED. The citation thus documents the custody of the tag and driver's license and represents a receipt issued to the vehicle owner. NOTE: Simple proof of insurance presented by the owner shall not be sufficient to keep the officer from picking up the tag as the driver's license or motor vehicle registration could still be under suspension until the reinstatement fee is paid. However, proof of insurance along with a receipt showing payment of the reinstatement fee would be sufficient to keep the officer from picking up the tag. D.Assuming a driver's license was presented to the officer, it should not be returned to the driver. Page 1 of 2 E.The vehicle should be removed from the location in accordance with established procedures of the law enforcement agency. Under no circumstances should the owner be permitted to drive the vehicle to another location. F.The officer should inform the owner of the following: 1.Obtain proof of insurance. 2.Go to County Court House and have his/her driving privileges reinstated 3.Another license plate may be obtained at a local tag office after his/her driving privilege has been reinstated. (The owner will not be issued the same plate that was seized.) G.The tow truck operator will, as a part of the tow service, remove the license plate and turn it over to the officer. The officer will: 1.Complete an offense report for a traffic complaint. 2.Complete a tow slip. 3.Deliver a property receipt, driver's license (if applicable) and a photocopy of the traffic citation to the Property Locker. H.The Property Custodian will be responsible for delivery of these items to the Drivers License Office within five days after the plate was seized. The law enforcement agency shall not return the license plate to the owner, even though proof of current insurance is presented and the driver license data base has been cleared of the offense. I.Driver License Personnel will issue the agency/officer a receipt for the license plate. The receipt should be maintained with the other documents relating to the case, because it represents a change in the chain-of-custody of the plate. J.One-third of the reinstatement fee will automatically be forwarded to the applicable law enforcement agency by the end of the second month after the driver reinstates his/her driving privilege. Page 2 of 2

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.