Chapter 20 - Impound and Inventory

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Questions and Answers

When can a vehicle be impounded due to its location?

  • When the vehicle is believed to be stolen. (correct)
  • When the owner is arrested and the vehicle is related to the arrest.
  • When it obstructs vehicular or pedestrian traffic. (correct)
  • When it's left unattended for more than 48 hours on public property. (correct)

Under which circumstance can a vehicle be impounded when its safety is imperiled?

  • When the owner requests or consents to the impoundment.
  • When the vehicle is a potential hazard due to its location or condition. (correct)
  • When the vehicle is left unattended on a public street for over 48 hours.
  • When the vehicle is parked on private property and causing a nuisance.

What is the role of a deputy in cases where a vehicle needs to be removed from private property, but not impounded?

  • Informing the property owner that they should handle the removal. (correct)
  • Calling a wrecker and authorizing them to remove the vehicle.
  • Arranging for a wrecker to remove the vehicle on the owner's behalf.
  • Contacting the owner of the vehicle to ask them to remove it.

Which of the following is NOT a justification for impounding a vehicle?

<p>The vehicle is owned by an individual who has an outstanding parking ticket. (B)</p> Signup and view all the answers

In which scenario would a warrant ideally be utilized before impounding a vehicle?

<p>The vehicle is suspected to be involved in a crime and contains evidence. (A)</p> Signup and view all the answers

What is the primary purpose of conducting a motor vehicle inventory?

<p>To protect against claims of lost, stolen, or damaged property (D)</p> Signup and view all the answers

Which of the following is NOT a valid reason for impounding a vehicle according to the policy?

<p>Personal feelings against the owner (D)</p> Signup and view all the answers

Under what circumstances are deputies authorized to impound a motor vehicle?

<p>Only when specified under certain Texas Transportation Code sections (A)</p> Signup and view all the answers

What should happen to the inventory of a vehicle according to the policy?

<p>It should be completed without unnecessary delay (C)</p> Signup and view all the answers

What does the term 'impoundment' refer to in the policy?

<p>The taking of vehicles or other property into Sheriff's Office custody (A)</p> Signup and view all the answers

Flashcards

Vehicle impoundment: public property

A vehicle left on public property for over 48 hours and tagged in accordance with regulations.

Vehicle impoundment: construction/utility

A vehicle impounded when its removal is necessary for construction, cleaning, or public utility work.

Vehicle impoundment: public safety hazard

A vehicle endangering public safety due to its location, condition, or obstruction of a public way.

Vehicle impoundment: arrest related

Impounding a vehicle when its owner or driver is arrested and the vehicle is relevant to the arrest.

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Vehicle impoundment: probable cause

A vehicle impounded based on probable cause that it was stolen or used in a crime.

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Impoundment

Taking a motor vehicle or other property into the Sheriff's Office custody.

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Inventory

A detailed list of all contents or personal property found within a vehicle during impoundment.

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Why is a vehicle impounded?

Motor vehicles can be towed, inventoried, impounded, and released for reasons such as preserving evidence, parking violations, and safeguarding property. This includes protecting the owner's property, the Sheriff's Office employees from claims about lost or stolen items, and people from potential danger.

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What are the rules for impoundment?

Deputies can't impound vehicles or property based on personal feelings or retaliation. They can only impound vehicles when the law allows it, such as certain parking violations or when evidence needs to be preserved.

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Where is the vehicle inventoried?

An inventory of a vehicle can be done either at the impound lot or at the scene of the incident, but it should be done promptly.

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Study Notes

Bexar County Sheriff's Office Policy Manual - Impoundment and Inventory

  • Original Date: December 1, 2003
  • Effective Date: January 28, 2019
  • Supersedes: April 30, 2014
  • Policy Purpose: To guide deputies on when and how to tow, inventory, impound, and release motor vehicles.
  • Policy Reasons: Preserving evidence, addressing parking violations, and safeguarding property.
  • Inventory Purpose: Protect vehicles and contents in Sheriff's custody, and protect the agency from claims of lost, stolen, or damaged property.
  • Impoundment Definition: Taking motor vehicles or other property into Sheriff's Office custody.
  • Inventory Definition: Detailed list of all contents/personal property.
  • Impoundment Conditions (Authorized):
    • Left unattended for more than 48 continuous hours in public areas.
    • Removal necessary for construction or utility work (24-hour notice).
    • Obstruction or hazard to traffic.
    • Potential hazard to people or property due to location or condition (no reasonable alternative).
    • Owner/driver arrest with connection to vehicle (no reasonable alternative).
    • Court order to seize the vehicle.
    • Probable cause of theft.
    • Probable cause vehicle contains evidence of a crime(warrant unless exception).
    • Owner requests impoundment.
    • Forfeiture under the law.
  • Additional Impoundment Considerations (Private Property): Deputies should inform property owners that vehicle removal is a private matter between them and the vehicle owner. Deputies should not authorize a wrecker to take property.
  • Other Impoundment Purposes: Protect owner's property, Sheriff's employees from claims of lost/stolen property, and persons from potential danger.
  • Inventory Timing: Should occur at scene or impound lot; should be completed without unnecessary delay.
  • Vehicle Inventory:
    • Documents exterior and interior damage.
    • Details interior contents (including valuable items).
    • Trunk/glove compartments are inventoried if unlocked or accessible.
  • Inventory Precautions: Protect valuable property (rolling up windows, locking doors, securing items, etc.)
  • Vehicle Inventory Considerations: The inventory is not a search for evidence. Seized evidence requires an appropriate offense report.
  • Property Release: Impounded items released to owner/authorized person when no longer needed.
  • Forfeitable Vehicles: Vehicles may be seized if used in connection with felony drug offenses.

Additional Policies (from Subsequent Pages)

  • Abandoned Vehicle Tagging: Deputies will tag abandoned vehicles with a case number. Vehicles are towed after 48 hours.
  • Reasonable Alternatives: Deputies may consider alternatives to impoundment when arrest occurs, such as the owner having a responsible party to care for the vehicle. This also considers intoxicated or incapacitated persons.
  • Holding Periods: Initial holds are limited to 72 hours; extensions require investigator documentation.

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