Vehicle Impoundment

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According to the California Vehicle Code, when can officers impound a vehicle under the authority of CVC Section 22651(p)?

When the driver is arrested

Under what circumstances should the vehicle not be impounded when the driver is arrested?

If the vehicle is parked in the arrestee’s residential driveway

What is the impound authority for situations other than those mentioned in the previous question?

Community Caretaking Doctrine

How long can a vehicle engaged in street racing and reckless driving be impounded under California Vehicle Code Section 23109.2?

30 days

What should officers ensure before impounding a vehicle engaged in street racing and reckless driving?

The driver is arrested

Which section of the California Vehicle Code guides officers when the driver arrested has prior DUI convictions?

CVC Section 14602.8(a)(1)

According to the text, when can a vehicle be impounded under CVC Section 22651(p)?

When the driver does not have a valid driver license

According to the text, what did the court rule in the case Brewster v. Beck?

The initial impoundment interfered with Brewster's Fourth Amendment rights

What did the court state about the exigency that justified the initial seizure?

The exigency vanished once the vehicle was impounded and Brewster provided proof of ownership and a valid driver license

What did the court suggest regarding the impoundment of vehicles?

Vehicles should only be impounded under CVC Section 22651(p)

What did the Department Manual Section 4/222.05 cover before it was revised?

Community Caretaking Doctrine and the Vehicle Impound Procedures

What did the court rule regarding Brewster's Fourth Amendment rights?

Brewster's Fourth Amendment rights were violated

According to the text, why was Brewster's vehicle impounded?

Brewster's brother-in-law was driving without a license

According to the California Vehicle Code Section 14602.8(a)(1), a vehicle can be impounded if the driver has been convicted of which of the following within the past 10 years?

All of the above

When can a vehicle be impounded under CVC Section 22651(p)?

When the vehicle cannot be released to a licensed driver

How long can a vehicle be impounded under CVC Section 14602.8 if the driver has been convicted once for violating Sections 23140, 23152, or 23153 VC within the preceding 10 years?

5 days

Under what circumstances can a vehicle be impounded under CVC Section 14602.8(a)(1)?

All of the above

What should officers do if they determine that the involved vehicle in a traffic collision was operated by an unlicensed driver or a driver with a suspended/revoked license?

Issue a Traffic Notice to Appear citation to the driver

When can a vehicle be impounded under CVC Section 22651(0)?

When the vehicle's registration is expired over six (6) months

When can a vehicle impounded under CVC Section 14602.8 be released prior to the end of the impoundment period?

If the registered owner requests the release

According to the text, when is an impoundment based on the Community Caretaking Doctrine likely warranted?

When the vehicle is impeding traffic or jeopardizing public safety and convenience

According to the text, what should officers consider when deciding whether impoundment is reasonable under the Community Caretaking Doctrine and the Fourth Amendment?

The totality of circumstances, including specific factors listed in the text

According to the text, what impound authority should be used for vehicles being impounded when the driver is driving with a restricted license and the vehicle is not equipped with a functioning, certified interlock device?

CVC Section 22651(p)

According to the text, under what condition should officers release a vehicle in lieu of impound?

All of the above

According to the text, what should officers do if it is determined that the registered owner knowingly allowed an unlicensed driver to operate the vehicle?

Cite the registered owner for CVC Section 14604(a), 'Knowingly Allowing Unlicensed Driver to Drive'

According to the text, what should officers do if the traffic stop is conducted in the registered owner's residential driveway or a legal parking space in the immediate vicinity of the owner's residence?

Impounding the vehicle would not be appropriate

According to the text, what should Department personnel do when a vehicle is impounded?

Document the Community Caretaking Doctrine justification in the Remarks Section of the Vehicle Report, California Highway Patrol (CHP) Form 180

According to the text, when can a vehicle be impounded under CVC Section 22651(p)?

When the driver does not have a valid driver license

According to the text, what did the court state about the exigency that justified the initial seizure?

The exigency was invalid once the vehicle was impounded

According to the text, why was Brewster's vehicle impounded?

Brewster's vehicle was impounded because her brother-in-law was driving without a license

According to the text, what did the court suggest regarding the impoundment of vehicles?

The court suggested impounding vehicles when the driver does not have a valid driver license

According to the text, what should officers do if it is determined that the registered owner knowingly allowed an unlicensed driver to operate the vehicle?

Officers should impound the vehicle

According to the text, what did the court rule in the case Brewster v. Beck?

The court ruled that Brewster's Fourth Amendment rights were violated

According to the text, what should officers consider when deciding whether impoundment is reasonable under the Community Caretaking Doctrine and the Fourth Amendment?

Officers should consider the totality of the circumstances

According to the text, what should officers consider when deciding whether to impound a vehicle under the Community Caretaking Doctrine?

The location of the stopped vehicle

Under what circumstances can a vehicle be impounded under CVC Section 22651(p)?

When the driver is driving with a suspended or revoked license

What is the impound authority for vehicles being impounded when the driver is driving with a restricted license and the vehicle is not equipped with a functioning, certified interlock device?

CVC Section 22651(p)

Under what conditions should officers release a vehicle in lieu of impound?

The registered owner or his/her designee has a valid California driver license

What should officers do if they determine that the involved vehicle in a traffic collision was operated by an unlicensed driver or a driver with a suspended/revoked license?

Impound the vehicle under CVC Section 22651(p)

Under what circumstances can a vehicle be impounded under CVC Section 14602.8(a)(1)?

When the driver has been convicted of DUI within the past 10 years

What should officers ensure before impounding a vehicle engaged in street racing and reckless driving?

That the vehicle is not equipped with a functioning, certified interlock device

Under what circumstances can a vehicle be impounded under CVC Section 22651(p)?

When the driver is not the registered owner and the vehicle's registration is expired over six months

According to the text, when is an impoundment based on the Community Caretaking Doctrine likely warranted?

When the vehicle is properly insured

According to the text, what impound authority should be used for vehicles being impounded when the driver is driving with a restricted license and the vehicle is not equipped with a functioning, certified interlock device?

CVC Section 22651(0)

According to the text, what should officers do if it is determined that the registered owner knowingly allowed an unlicensed driver to operate the vehicle?

Impound the vehicle under CVC Section 22651(p)

According to the text, what should officers do if they determine that the involved vehicle in a traffic collision was operated by an unlicensed driver or a driver with a suspended/revoked license?

Complete the Traffic Collision Report, CHP 555

According to the text, when can a vehicle be impounded under CVC Section 22651(0)?

When the driver is not the registered owner and the traffic stop is conducted in the driver's residential driveway

Under what circumstances can a vehicle be impounded under CVC Section 14602.8(a)(1)?

All of the above

Under what conditions should officers release a vehicle to the registered owner or an authorized licensed driver at the scene of a DUI checkpoint operation?

All of the above.

Under what circumstances should officers impound a vehicle when a driver is arrested?

All of the above.

When can officers impound a vehicle under CVC Section 22651(p)?

When a driver has been arrested and taken into physical custody.

What impound authority should be used for vehicles being impounded when the driver is driving with a restricted license and the vehicle is not equipped with a functioning, certified interlock device?

CVC Section 14602.8(a)(1)

According to the California Vehicle Code Section 14602.8(a)(1), a vehicle can be impounded if the driver has been convicted of which of the following within the past 10 years?

All of the above

Under what circumstances can a vehicle be impounded under CVC Section 14602.8(a)(1)?

All of the above.

How long can a vehicle engaged in street racing and reckless driving be impounded under California Vehicle Code Section 23109.2?

30 days

According to the text, what should officers do if it is determined that the registered owner knowingly allowed an unlicensed driver to operate the vehicle?

Impound the vehicle under the authority of CVC Section 22651(p).

Which section of the California Vehicle Code guides officers when the driver arrested has prior DUI convictions?

CVC Section 14602.8(a)(1)

Test your knowledge on the factors that determine if a vehicle should be impounded during a traffic stop conducted near a driver's residence. Explore the relevant laws and understand the totality of the circumstances that officers must consider.

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