Sheriff's Policy Manual 7.9 PDF

SHERIFF’S POLICY MANUAL 7.9 IMPOUNDING/STORING/TOWING VEHICLES 7.9.1 General: An orderly system of impounding, storing, and towing vehicles consistent with Florida Statutes and BSO procedures increases public acceptance of those functions. 7.9.2 Towing: A....

SHERIFF’S POLICY MANUAL 7.9 IMPOUNDING/STORING/TOWING VEHICLES 7.9.1 General: An orderly system of impounding, storing, and towing vehicles consistent with Florida Statutes and BSO procedures increases public acceptance of those functions. 7.9.2 Towing: A. Employees are prohibited from unlawfully moving, storing, or impounding vehicles. B. Employees are authorized to seize, remove or impound a vehicle when: 1. The operator of any vehicle is taken into custody and such motor vehicle would thereby be left unattended. 2. A deputy has probable cause to believe that the operator of the vehicle or other person in charge of the vehicle is incapacitated to such an extent as to be unable to provide for its custody, control, or removal. 3. The vehicle, the continued presence of which, because of the physical location or condition of the motor vehicle poses a danger to the public safety or to the motor vehicle. 4. The vehicle was used in violation of F.S.S. 316.191 Racing On Highways, Street Takeovers, And Stunt Driving. 5. The vehicle is evidence in a criminal or fire investigation. C. Moving, storing, or impounding vehicles by employees will be documented within the Agency’s Records Management System (RMS) through the OSSI MFR/Moblan Tow/Impound Module. D. Only BSO-authorized tow companies will be used when towing is needed. E. The Agency’s records of towing, impounding, and repossession will be maintained within the RMS. F. Employees moving, storing, or impounding vehicles will: Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 1 of 9  SHERIFF’S POLICY MANUAL 1. Check the vehicle's status, via FCIC/NCIC and RMS via MFR. 2. Enter the vehicle into RMS via MFR as soon as possible. 3. Notify the Department of Highway Safety and Motor Vehicles (DHSMV) of any impoundment for violation F.S.S. 316.191 via the BSO RP#204 Notice of Vehicle Impoundment - Racing on Highways Violation Form. G. Employees will provide the driver, owner, or person in custody of the vehicle a copy of the completed tow slip indicating where their vehicle will be towed prior to the vehicle’s removal. The tow truck driver will also be provided a tow slip, prior to vehicle removal. If an evidence or confiscation hold is being placed on the vehicle, deputies will email the tow slip to the Evidence Unit at [email protected] by the end of their shift. 7.9.3 Report Procedure: A. Incident Reports: 1. Deputies will be required to complete an Incident Report and enter the information into RMS through MFR/Moblan when vehicles are towed, impounded, stored, or put on hold. 2. Entry into the MFR Tow/Impound Module may be used without an Incident Report if the vehicle is towed due to: a. A traffic arrest without added non-traffic charges. b. A warrant or capias arrest of the driver without added non-traffic charges. c. A vehicle being illegally parked. d. A vehicle that creates a hazard. e. A DUI arrest (a Probable Cause Affidavit is used instead of an Incident Report, in addition to an entry in the Tow/Impound Module). f. A court-ordered seizure. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 2 of 9  SHERIFF’S POLICY MANUAL g. Vehicles used in violation of F.S.S 316.191 Racing On Highways, Street Takeovers, and Stunt Driving. 3. If an entry into the Tow/Impound Module is used in place of an Incident Report, employees will enter that information into the “Notes” section of the MFT Tow/Impound Module. 4. Employees will not use the "A" Alpha code for cases when an entry into the Tow/Impound Module is used in place of an Incident Report. B. Crime Scene Processing/Canvassing: Deputies will adhere to the following when they recover or tow a vehicle with a tampered ignition or broken steering column: 1. Process as a crime scene according to the procedures outlined in the Sheriff’s Policy Manual and Department of Law Enforcement SOP. 2. Canvas the area to identify any potential witnesses. 3. Document findings on Incident Report. C. Auto Theft Release Form (BSO RP#70): 1. If the vehicle is released directly to the owner and the owner is not having the vehicle towed, deputies will: a. Explain the potential hazards of driving the vehicle. b. Have the owner complete and sign the applicable areas of the Auto Theft Release Form (BSO RP #70) if the owner still insists on driving the vehicle. c. Sign the Witness area of the form after the owner has signed the form. 2. If the vehicle is released to an owner's authorized representative and the representative is not having the vehicle towed, deputies will: a. Explain the potential hazards of driving the vehicle. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 3 of 9  SHERIFF’S POLICY MANUAL b. Have the representative complete and sign (in the Signature of Retrieved Vehicle Owner's area) the applicable areas on the Auto Theft Release Form (BSO RP #70) if the representative still insists on driving the vehicle. c. Sign the Witness area of the form after the representative has signed the form. 3. Completed Auto Theft Release Forms (BSO RP #70) will be sent to Records. 4. An Auto Theft Release Form (BSO RP #70) is not required if a vehicle is towed in accordance with BSO policies and procedures. 7.9.4 Traffic Arrests and Towing: A. Deputies will notify Communications and their supervisor of an arrest. B. It is not mandatory for deputies to tow vehicles pursuant to traffic arrests. If the arrestee isn’t the owner of the vehicle, it may be towed. If they are the owner, they can designate a licensed driver to remove the vehicle, unless the deputy is applying the 30-day hold pursuant to F.S.S 316.191 Racing on Highways, Street Takeovers, and Stunt Driving. The vehicle will not be left roadside or in a private parking lot where it may be towed by another company conducting lawful parking lot management. C. Deputies will make arrangements to tow a vehicle or release it at the owner's request. Entry into the MFR Tow/Impound Module will be completed as follows: 1. If a vehicle is towed, it will be indicated in the “Notes” section of the Tow/Impound Module. 2. If a vehicle is released to a third party at the owner's request, it will be indicated in the “Notes” section of the Tow/Impound Module. The person who receives the vehicle at the request of the owner will be noted and sign the release on the bottom of the printed tow slip indicating they took possession of the vehicle. 3. If the owner requests the vehicle be left at the scene, the deputy will indicate this in the “Notes” section of the Tow/Impound Module. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 4 of 9  SHERIFF’S POLICY MANUAL 4. Do not remove handcuffs; the deputy’s notation in the “Notes” section of the Tow/Impound Module Incident Report is sufficient. 5. If the driver is not the owner and the owner does not respond in a timely fashion, the vehicle will be towed. Note: Deputies will not drive a subject's vehicle except in exigent circumstances. D. Deputies may remove or cause the removal of a vehicle from any street or parking lot, if the driver is arrested for an arrestable traffic infraction. E. If a vehicle is impounded, arresting deputies will perform a complete inventory. Closed containers found in a vehicle's interior or trunk compartment will be opened and its contents will be listed in the Tow/Impound Module and/or Incident Report. 7.9.5 Towing Confiscated Vehicle/Vessel/Plane: Vehicles, vessels, and planes held for forfeiture will be handled as follows: A. BSO-authorized tow companies will be used for land vehicles and boats on trailers. B. BSO-authorized marinas or the Service Center will be used for other boats. C. Aviation will be used for aircraft. D. Tow/Impound Module entries will be marked "Forfeiture” as the reason for the tow. E. Deputies will notify the Office of the General Counsel’s Confiscation Coordinator of the hold within 24 hours. 7.9.6 Vehicle Hold: A. If a vehicle stolen from another jurisdiction is found unoccupied, deputies will: 1. Process as a crime scene. 2. Canvas area for potential witnesses. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 5 of 9  SHERIFF’S POLICY MANUAL 3. Notify Communications Teletype and arrange for a no-hold vehicle tow. 4. Enter it in the applicable Tow/Impound Module B. Communications Teletype will: 1. Enter "Locate" of the vehicle into FCIC/NCIC. 2. Notify the applicable agency. Note: It is the other agency's responsibility to advise the towing, storing, and impounding company to place a hold on the vehicle. C. If a vehicle is involved in a BSO criminal investigation, a hold will be placed on the vehicle for a specific investigative unit as follows: 1. Tow/Impound "Hold” Section: Mark “Y” for Yes. 2. Holds placed on vehicles will be specifically justified in a separate paragraph for the Event Report's narrative section. The report will include the name of the investigator initially advised of the hold and notification time. 3. Unless immediate contact is required, the impounding deputy will advise the investigative unit during the office's next regular workday (within 72 hours). 4. Investigators handling the case will release the hold as soon as their work is completed and the vehicle is no longer needed for evidentiary purposes. 5. If impounding deputies are advised by the investigative unit that the vehicle is not needed for investigative purposes, they will immediately release the hold. 6. When deputies or detectives release a hold, they should make a reasonable effort to immediately contact the vehicle's owner and immediately email the Evidence Unit at [email protected] that the hold has been released. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 6 of 9  SHERIFF’S POLICY MANUAL 7.9.7 Vehicle Recoveries: A. Vehicles Entered Into FCIC/NCIC by BSO: 1. Deputies recovering vehicles will contact and confirm the entry's active status via Teletype-Records. 2. Teletype-Records will attempt to notify the vehicle's owner or victim. If Teletype-Records is unable to contact the vehicle's registered owner or victim, Teletype-Records will send the attempted contact documentation to the originating district’s C.I. Unit. 3. The district will notify the registered owner or victim of the recovery via certified mail. The district will also attempt to notify the registered owner via telephone. B. Communications Teletype will enter "Locate" on the vehicle entry for vehicles entered into FCIC/NCIC by other agencies. 7.9.8 Abandoned Vehicle: A. Abandoned vehicles will be checked, via FCIC/NCIC, to determine if they were stolen, involved in a crime, etc., or exhibit any other unusual circumstances. B. If a vehicle is stolen, involved in a felony, or is evidence, it will be impounded and towed per policy after the crime scene has been processed. C. If a vehicle poses a traffic hazard, it will be towed. Deputies will obtain the registered owner's telephone number via FCIC/NCIC and/or RMS via MFR. If the information can be located, the deputy will attempt to advise the owner of the vehicle's status. This information will be documented in the Tow/Impound Module. D. If a vehicle is located on private property and not subject to towing, employees will advise the property owner that disposing of the abandoned vehicle is a civil matter. E. Towing of abandoned vehicles will be documented per policy. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 7 of 9  SHERIFF’S POLICY MANUAL 7.9.9 Towed Vehicle Disposition: BSO's policy is to process and release towed vehicles as quickly as possible. The district will monitor the vehicle's status as part of its responsibilities. 7.9.10 Vehicle in Right of Way: A. Deputies locating a vehicle suspected of being illegally in the right of way must verify the vehicle is actually located on a dedicated right of way and meets the definition of abandoned property defined in the Florida Statutes or applicable municipal\county ordinances before it may be tagged. B. If deputies determine a vehicle may meet tagging criteria, they will run the tag via FCIC/NCIC to determine if the vehicle was stolen, involved in a crime, etc., along with obtaining lien and owner registration information. C. If the vehicle was reported stolen, involved in a felony, has a stolen tag, or is evidence, it will be impounded and towed per policy after the scene has been processed. D. If the vehicle poses a traffic hazard, it will be impounded and towed per policy. Deputies will contact Communications to obtain the registered owner's telephone number via FCIC/NCIC and/or RMS via MFR. If the information can be located, the deputy will attempt to advise the owner of the vehicle's status. This information will be documented in the Tow/Impound Module. E. If it is determined the vehicle is not stolen, not involved in a felony, does not have a stolen tag, and is not needed as evidence, the deputy will have a photograph taken of the vehicle in the right of way, complete and affix a Tow/Removal Order (BSO RP#58) to the vehicle in a conspicuous location on the vehicle, and obtain the following information: 1. Date vehicle found in the right of way and location of the vehicle 2. Make, model, color, and year of the vehicle 3. Tag number to include state and year of tag if available 4. VIN Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 8 of 9  SHERIFF’S POLICY MANUAL 5. Name, address, city, state, and zip code of the registered owner and lienholder if applicable 6. Reason vehicle was tagged and other relevant notes F. If enforcement is the responsibility of the City’s Code Enforcement Department, deputies will contact Code Enforcement and document it in their CAD “Status Update.” 7.9.11 Private Tows / Repossessions: Private tows and repossessions received by Records Teletype will be verified via NCIC/FCIC and entered into the RMS. Reviewed: 04/18/2023 Revised: 06/08/2023 Rescinds: 10/23/2022 Effective: 07/16/2023 7.9 Page 9 of 9