Bexar County Sheriff's Office Policy Manual PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 January 28, 2019 Twenty Subject Office Impoundment and Inventory...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 January 28, 2019 Twenty Subject Office Impoundment and Inventory Sheriff’s Administration References Enclosures Texas Transportation Code (§545.305), (§683.002) None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 30, 2014 January 1, 2021 5 Approved by: Javier Salazar, Sheriff Bexar County 20.01 PURPOSE The purpose of this policy is to provide Deputies with guidelines for determining when and how a motor vehicle should be towed, inventoried, impounded, and/or released. 20.02 POLICY Motor vehicles are subject to towing, inventories, impoundment, and subsequent release for varied reasons including preserving evidence, parking violations, and safeguarding property. A motor vehicle inventory is an administrative procedure designed to protect motor vehicles and their contents while in Sheriff’s Office custody and to protect the agency against claims of lost, stolen, or damaged property. 20.03 DEFINITIONS A. IMPOUNDMENT: Taking motor vehicles or other property into Sheriff's Office Custody. B. INVENTORY: A detailed list of all contents/personal property. 20.04 WHEN PROPERTY MAY BE IMPOUNDED A. Deputies shall not impound vehicles or property except as authorized in this policy. Deputies shall not impound vehicles or property in retaliation or based upon personal feelings against a person. B. Other than for evidentiary reasons, the purposes of impoundment and inventory are: 1. Protection of the owner's property; 2. Protection of Sheriff's Office employees from claims of lost or stolen property; and 3. Protection of persons from potential danger. C. An authorized inventory may be conducted at the scene or at the impound lot but should be completed without unnecessary delay. D. Deputies are authorized to cause a motor vehicle to be impounded in only the following circumstances: 1. When, under the following conditions, it is subject to impoundment under the TTC Sec. 545.305 and Sec. 683.002. a. It is left unattended for more than 48 continuous hours in or on any public highway, street, alley, sidewalk, park or other public property, and it has been tagged in accordance with Section 20.03 of this chapter. b. Its removal is necessary to permit street construction, cleaning up or other public utility work, after 24 hour notice has been posted; or c. It constitutes an obstruction or hazard to vehicular or pedestrian traffic. 2. When the safety of the vehicle is imperiled or when the vehicle constitutes a potential hazard to person or property because of its location or condition, or obstructs a public way, and no reasonable alternative to impoundment is present. 3. When the owner or driver of the vehicle is arrested, there is some connection between the vehicle and the arrest, and no reasonable alternative to impoundment is present. 4. When there is a court order to seize the vehicle. 5. When there is probable cause to believe that the vehicle has been stolen, and it is necessary to seize the vehicle to prevent the consequences of theft. 6. When there is probable cause to believe that the vehicle is, or contains, the instrumentality, fruit, or evidence of a crime, and it is reasonably necessary to seize the vehicle to preserve evidence. (A warrant shall be utilized unless the circumstances constitute an exception to warrant requirements.) 7. When the owner or person in control of the vehicle requests or consents to impoundment. 8. When the vehicle is subject to forfeiture under the law. E. Vehicles on private property can be impounded under the conditions recited above. In all other situations, Deputies should politely inform a property owner who wishes a vehicle removed from private property that removal is a private matter between the property owner and the owner of the vehicle. Deputies may call a wrecker for the property owner after making it clear that any arrangements for removal of the vehicle must be made between the wrecker company and the owner, and the BCSO will take no responsibility for the disposition of the vehicle. Deputies shall not authorize a wrecker to take the vehicle, either orally or in writing. F. Deputies are only authorized to impound property, other than motor vehicles, in the following circumstances: 1. When, by reason of any catastrophe, emergency, or unusual circumstances, the safety of the property is imperiled; 2. When the property constitutes a hazard to persons or property because of its location or condition, and no reasonable alternative to impoundment is present; 3. When the owner or possessor of the property is arrested, and no reasonable alternative to impoundment is present; 2  4. When the owner or possessor of the property is arrested and the property is part of his/her immediate personal possessions (Examples: handbag, purse, wallet, etc.); 5. When there is a court order to seize the property; 6. When there are reasonable grounds to believe it has been stolen, and it is necessary to seize the property to prevent the consequences of theft; 7. When there is probable cause to believe it is, or contains, the instrumentality, fruit, or evidence of a crime and it is reasonably necessary to seize the property to preserve evidence. (A warrant shall be utilized unless the circumstances constitute an exception to the warrant requirement, or when the owner or possessor of the property requests or consents to impoundment.) 20.05 TAGGING ABANDONED VEHICLES A. Upon receipt of a complaint that a vehicle has been abandoned, or upon observation, Deputies will determine if the vehicle appears to meet the definition of an abandoned vehicle under the TTC Chapter 683.002 “Abandoned Motor Vehicle.” B. If the vehicle appears to have been abandoned, Deputies will complete an orange-colored adhesive tag and affix said tag to the abandoned vehicle in a conspicuous manner. Prior to affixing this tag, the Deputy will obtain a case number from dispatch and mark said number on the tag. The Deputy will then prepare an incident report of the tagging recording the time, date, and location of the tagging. Upon the expiration of 48 hours from the tagging the vehicle will be towed. 20.06 REASONABLE ALTERNATIVES TO IMPOUNDMENT OF ARRESTEE'S VEHICLE A. The BCSO recognizes there will be instances where it will not be necessary to impound an arrested person's vehicle. However, an arrested person's vehicle or the vehicle he was driving will always be impounded under the following circumstances: 1. The vehicle was used by the arrested person in the commission of a criminal offense or flight from a criminal offense immediately prior to his arrest; 2. The vehicle is reported or confirmed stolen or the vehicle's VIN or serial numbers have been removed, obliterated or altered; and 3. The vehicle is left at a crime scene by the arrested person and the vehicle may contain evidence of a crime. B. The following shall be considered reasonable alternatives to impoundment: 1. With respect to a vehicle, the arrestee requests that someone who is present, licensed, and responsible be permitted to take the vehicle, and the requested driver accepts responsibility. a. In deciding whether the vehicle should be impounded the Deputy, among other things, should consider: 1) Whether the arrestee is too intoxicated or incapacitated to competently make the request; 2) Whether the arrestee owns the vehicle; 3) The ages of the arrestee and the requested driver; 3  4) Whether the requested driver is a relative of the arrestee; 5) How long the arrestee has known the requested driver; and 6) Whether the requested driver has a local address. b. Deputies should be satisfied that the vehicle will be responsibly driven and cared for. 2. With respect to property other than a vehicle, the arrested person requests that someone who is present before the property is removed, and is apparently responsible, be permitted to take the property, and the requested person accepts responsibility. 3. With respect to a vehicle, the owner, if other than the driver, is present and capable of driving. 4. With respect to a vehicle or other property, the owner or responsible person arrives before the vehicle or property is removed and cooperates in ending the obstruction, hazard, or parking violation. 5. With respect to a vehicle of an arrested person, the vehicle is already legally and safely parked on a public street or thoroughfare or upon the driver's property, and the driver consents to leaving it so parked. 6. With respect to a vehicle, the driver requests to leave the vehicle on private property, and the property owner consents. 20.07 INITIAL HOLDS A. Holds shall not be placed on vehicles or other property for longer than necessary to accomplish the police purpose. B. When placing holds on vehicles, officers should include who the hold is for and the reasons for the hold. C. Initial holds shall be in effect no longer than 72 hours after impoundment. D. The initial hold may be extended by an investigator, who shall note in writing the reason for the extension. 20.08 VEHICLES HELD FOR EVIDENTIARY PURPOSES A. When a vehicle has been impounded for evidentiary purposes, unless exigent circumstances are present, a search warrant will be obtained for searching the interior of the vehicle for such evidence. This does not apply to plain view items, the exterior of the vehicle, or stolen vehicles. B. If possible, where a warrantless search is authorized, it will take place at the scene before it is removed. Otherwise, the search will be conducted at the location to which the vehicle is taken for security. C. When the vehicle is processed at the scene for evidentiary purposes, the Deputy shall contact an investigator regarding the disposition of the vehicle. 4 20.09 INVENTORY OF IMPOUNDED VEHICLES A. When a vehicle is impounded, the Deputy will complete the vehicle inventory form, noting: 1. Exterior body damage; 2. Interior damage; 3. Contents of the interior; and 4. Contents of any container in the interior. The contents shall be examined carefully to determine if any items or papers are so valuable as to require special protection. B. If the trunk and/or glove compartment are unlocked or if the Deputy has the keys in his/her custody, the trunk and/or glove compartment shall be inventoried. Otherwise, no inventory shall be made of those areas. Force shall not be used to break into the trunk or glove compartment, such as by breaking a lock or going through the back seat. Locked compartments which are not entered shall be noted on the inventory form. Under no circumstances will seats be removed or the vehicle dismantled in any way. C. Necessary steps shall be taken to protect valuable property in the vehicle. For example, all windows shall be rolled up, doors locked, and keys in the custody of the pound; items may be secured in the vehicle's trunk or in the property room, depending upon the nature and value of the article. If items are removed from the vehicle to provide additional protection, the disposition of such items shall be noted on the Inventory form, and the removed property shall be tagged and handled in accordance with chapter Nineteen – “Evidence Collection and Property Handling.” D. An arrested person shall be asked if there are valuable items in the car. E. Such an inventory is not to be a search for incriminating evidence or a subterfuge for a warrantless search. 1. Evidence observed, however, in plain view in the course of a proper inventory shall be seized. 2. Any evidence seized will require the appropriate offense report. F. Nothing herein shall limit a proper consent search, probable cause search, search pursuant to warrant, or other lawful search, where the legal requirements for such searches are met. 20.10 RELEASE OF IMPOUNDED VEHICLES When retention of an impounded vehicle is no longer necessary, it shall be released to the owner or other person authorized by the owner as soon as possible. 20.11 VEHICLES FORFEITABLE UNDER DRUG LAWS A vehicle shall be seized in connection with an arrest where it was used or intended to be used to transport, facilitate the transport, sale, receipt, possession, concealment, or delivery of controlled substances where the owner or person in charge of the vehicle is involved in a felony drug offense. 5