19.7 Vehicle Storage & Release

Centreville Police Department Title: Vehicle Storage & Release Directive #: 19.7 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Purpose To establish an orderly method of accounting for and releasing stored vehicles.

B. Policy CPD will safeguard vehicles from damage or theft and facilitate their timely release.

C. Definitions STORAGE: the impounding of a vehicle in order to protect the vehicle from damage or theft.

D. Procedures

1. Documenting Stored Vehicles

a. Officers will verify the vehicle identification number (VIN) and registration number (if present) before storing any vehicle.

b. The officer storing the vehicle will submit a Vehicle Tow/Impound Report by the end of the officer’s shift.

(1) Normally, a Computer Aided Dispatch (CAD) Incident number is the only number required for a

Vehicle Tow/Impound Report; however, if the circumstances surrounding the vehicle storage would otherwise require an Incident Report, then the Incident Report number will also be documented in the Vehicle Tow/Impound Report.

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2. Inventories for Stored Vehicles

a. All vehicles stored by CPD will be inventoried by the officer who stores the vehicle.

b. Unless impractical to do so, vehicles will be inventoried prior to removal by the towing business.

c. Unless otherwise indicated in this policy, all property (including items in unlocked baggage and items in the trunk and glove compartment) in the vehicle must be inventoried.

d. Certain limitations are imposed on the scope of an inventory.

(1) An inventory may extend to any part of the vehicle where personal property would ordinarily be

kept; looking elsewhere may call into question the officer's motives.

e. Evidence or contraband discovered during a bona fide inventory may be seized and used to prosecute the defendant; the burden is on the officer to show that the inventory was reasonable and pursuant to CPD policy.

f. If evidence is discovered during an inventory, the inventory should be stopped, the vehicle secured and a search warrant obtained.

g. Only after execution of the search warrant, should the inventory be completed.

h. Certain items should not be inventoried.

(1) Locked luggage and containers will not be inventoried or removed from vehicles, unless a key is

available.

(a) Even if the value appears significant, these items will not be removed but will remain locked in

the vehicle, preferably the trunk.

(b) These items will be documented in the comments section of the Vehicle Tow/Impound

Report.

i. Forced entry into a locked trunk, glove box, suitcase or other item is not permitted unless express permission has been granted by the owner and a Consent to Search and Seize form has been signed.

j. Vehicle equipment (e.g., spare tire) will not be listed on the inventory or removed from the vehicle and will be secured in the vehicle.

k. Officers will document all items of value found during the inventory in the comments section of the Vehicle Tow/Impound Report.

(1) Items such as clothing in a suitcase or tools in a tool kit need not be individually itemized, but can

be described simply as "clothing" or "auto mechanic tools." Page 2 of 4

(2) Items which are required to be listed on a Property Record, will also be listed and identified with

the symbol "PH" in the Vehicle Tow/Impound Report.

l. All property and evidence removed from the vehicle will be handled and processed in accordance with Directive #19.1.

3. Recovered Stolen Vehicles and Vehicles Needed for Evidence

a. Officers recovering stolen vehicles or investigating incidents involving vehicles needing to be processed for evidence should arrange for the vehicle to be processed by the MSP Forensic Sciences Division (FSD) at the scene, if feasible.

2. If the vehicle is not able to be processed at the scene, the vehicle will be taken to a CPD facility and

kept in a secure location until such time it is no longer needed as evidence.

a. The officer will arrange for the vehicle to be towed by an authorized towing business.

b. The officer will secure the vehicle prior to it being towed and will follow the tow truck to the facility.

c. If the vehicle is towed to a CPD facility, the tow truck operator will be advised that CPD will assume the towing costs upon submission of an invoice to the Chief.

d. The Chief will approve and forward invoices for payment to the Finance Division.

4. Release and Notification

a. If there is no reason for holding a vehicle, it may be released to the owner at the scene.

b. When a vehicle is stored, the officer will attempt to contact the owner and notify him of the:

(1) circumstances that warranted the storage;

(2) CAD Incident; and

(3) procedures required to obtain the vehicle.

c. Attempts to contact the owner will be documented in the Vehicle Tow/Impound Report.

d. Vehicles may be released:

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(1) to the owner;

(2) to an agent of the owner upon presentation of a notarized form (fax or photocopy is acceptable)

from the owner giving such authorization;

(3) upon presentation of a court order; or

(4) upon presentation of a notarized document (fax or photocopy is acceptable) indicating that the

person or firm named in the document is lawfully entitled to the vehicle.

e. Upon release of the vehicle, the releasing officer or duty officer will obtain the signature of the owner or authorized representative and a copy of his government-issued identification prior to providing him a copy of the Vehicle Release Form to be used as a receipt of release authorization.

(1) The owner/authorized representative will be instructed to take the Vehicle Release form to the

towing service to obtain custody of the vehicle.

b. The CPD copy of the vehicle release form will be filed with the Vehicle Tow/Impound Report.

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