Lander County Sheriff's Office Policy 502 Vehicle Towing (2021)

Policy Lander County Sheriff's Office 502 Lander County SO Policy Manual Vehicle Towing 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Lande...

Policy Lander County Sheriff's Office 502 Lander County SO Policy Manual Vehicle Towing 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Lander County Sheriff's Office and under the authority of NRS 484B.443. 502.2 RESPONSIBILITIES The responsibilities of those employees storing or impounding a vehicle are as follows: 502.2.1 COMPLETION OF VEHICLE IMPOUND REPORT Agency members requesting storage of a vehicle shall complete a Vehicle Impound Report, including a description of property within the vehicle. A copy is to be given to the tow truck operator and the original is to be submitted to the Records Section as soon as practicable after the vehicle is stored. If the impounded vehicle involved an arrest, a copy of the Vehicle Impound Report will also be provided to the booking deputy. 502.2.2 REMOVAL OF VEHICLE DUE TO HAZARD When a vehicle should be towed because it presents a hazard, the owner or operator should arrange for the towing. Agency members may assist by communicating requests through the Communications Center to expedite the process. If the owner or operator is unable to arrange for towing and the vehicle presents a hazard, the vehicle may be towed at the direction of the agency member. When a deputy encounters a disabled vehicle, vehicle cargo or property that is unattended and constitutes an obstruction to traffic, interferes with traffic or otherwise endangers public safety, the deputy may take steps to have the obstruction moved to a position where it no longer obstructs, interferes with traffic or endangers the public safety. The deputy must make a reasonable effort to notify the owner, if the owner is not present and his/her identity can be determined, of the location of the vehicle, cargo or property (NRS 484B.443). 502.2.3 DRIVING A NON-COUNTY VEHICLE Vehicles which have been towed by or at the direction of the Agency should not be driven by sheriff's personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 502.2.4 DISPATCHER'S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The deputy shall be advised when the request has been made and the towing service has been dispatched. Copyright Lexipol, LLC 2024/06/13, All Rights Reserved. Vehicle Towing - 1 Published with permission by Lander County Sheriff's Office  Lander County Sheriff's Office Lander County SO Policy Manual Vehicle Towing When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that incident to ensure the following firm is called on the next tow request. 502.2.5 ADVISEMENT OF INSURANCE TO TOW COMPANY A deputy requesting a tow following a collision or following recovery of a stolen vehicle shall make a good faith effort to determine the identity of the insurance company that provides coverage for the owner of the vehicle and shall inform the tow company the name of the insurance company (NRS 706.4489). 502.2.6 STORAGE LOTS If a deputy discovers, while on-scene of a tow, that the owner or operator of a vehicle has directed the vehicle tow operator to tow the vehicle to a storage lot other than the lot designated by the insurance company, the deputy shall confirm this action with the owner or operator of the vehicle and that the action was not due to solicitation by the vehicle tow operator. The deputy shall document the confirmation in any reports of the incident (NRS 706.4489). 502.3 TOWING SERVICES The Lander County Sheriff's Office routinely reviews tow services that submit applications to be placed on the tow rotation. Once approved, the tow service will be issued a Letter of Appointment to the tow service. The Letter of Appointment will allow the tow service to tow vehicles on the Sheriff's Office request and for them to be placed on the Agency tow rotation list.. Those firms will be used in the following situations: (a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets and public property of vehicles obstructing traffic in violation of state or local regulations. If more than one firm has been appointed, they should be placed in a rotation list. Nothing in this policy shall require the Agency to tow a vehicle. 502.4 ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this agency to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. However, a vehicle shall be stored whenever it is needed for the furtherance of an investigation or prosecution of the case or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored, for example, the vehicle would present a traffic hazard if not removed or due to a high crime area the vehicle would be in jeopardy of theft or damage if left at the scene. Copyright Lexipol, LLC 2024/06/13, All Rights Reserved. Vehicle Towing - 2 Published with permission by Lander County Sheriff's Office  Lander County Sheriff's Office Lander County SO Policy Manual Vehicle Towing The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle is lawfully parked and left in a reasonably secured and safe condition: Traffic related warrant arrest when the driver is able to immediately post bail. Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. Whenever the licensed owner of the vehicle can be summoned to the scene in a reasonable time and the vehicle can be legally returned. Situations where the vehicle was not used to further the offense for which the driver was arrested. When the owner requests that it be left at the scene and the vehicle is already parked legally. In such cases the owner shall be informed that the Agency will not be responsible for theft or damages. This request and advisement should be recorded and documented. The owner's cognitive functions and ability to to make decisive decisions should be taken into consideration when allowing the owner to request their vehicle not be stored for safekeeping. In such cases, the handling employee shall note in the report that the owner was informed that the Agency will not be responsible for theft or damages. Such notification should be recorded and documented. 502.5 AGENCY ASSIST Requests from other Law Enforcement Agencies to tow and store a vehicle on their behalf must be approved by a supervisor. The supervisor will determine if the request is reasonable and document their approval in writing. 502.6 CANCELING TOW SERVICE Once a tow service has been requested and dispatched, their response is not typically canceled. However, long response times, unavailability to respond and unable to provide necessary equipment for the proper and safe towing of a vehicle may cause a tow service to be canceled. In the event a tow service is canceled, teh reason(s) for cancellation should be documented in the incident and case report. 502.7 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practicable in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in sheriff's custody, to provide for the safety of deputies and to protect the Agency against fraudulent claims of lost, stolen or damaged property. Copyright Lexipol, LLC 2024/06/13, All Rights Reserved. Vehicle Towing - 3 Published with permission by Lander County Sheriff's Office  Lander County Sheriff's Office Lander County SO Policy Manual Vehicle Towing 502.8 PRESERVATION OF EVIDENCE A deputy may remove a vehicle provided he/she has probable cause to believe that the vehicle or its contents constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense. A deputy removing a vehicle shall ensure that all legally required and reasonably necessary efforts to preserve the evidence, including but not limited to safe storage, are taken until the evidence is released to the owner or otherwise disposed of according to law (NRS 484B.447). 502.9 SECURITY OF VEHICLES AND PROPERTY After a thorough inventory of the vehicle has been completed and all contraband, evidence and weapons have been removed, the deputy should make reasonable accommodations to permit a driver or owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions). If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 502.9.1 SAFEKEEPING OF INVENTORIED ITEMS Inventoried items that should be removed from the vehicle and place in the Agency's safekeeping will be documented on a property receipt. A copy of the receipt will be attached to the case report and a copy placed in the arrestee's property at the Lander County Detention Facility. Such property will be returned to the vehicle operator upon their release from custody. Firearms will be returned to the owner of the firearm so long as they are not a prohibited person. Examples of such items are, but are not limited to: Jewelry Firearms Cash (excluding small amounts of coins) Cellular Phones Prescription Medication 502.10 VEHICLE HOLDS When a member of the Agency requests a vehicle be removed from a location and stored, a hold will prevent the service that is storing the vehicle from releasing or allowing access to, by unauthorized personnel, the vehicle until the hold is removed. Vehicles that are requested stored by a member of the Agency, with a supervisor approval, may have a hold placed on them. Holds are to be provided to the tow company in writing. Some reasons for placing a hold on a vehicle may be: Awaiting a search warrant to be issued Copyright Lexipol, LLC 2024/06/13, All Rights Reserved. Vehicle Towing - 4 Published with permission by Lander County Sheriff's Office  Lander County Sheriff's Office Lander County SO Policy Manual Vehicle Towing The vehicle was used in the furtherance of a crime and additional processing of the vehicle is pending The vehicle is intended to be seized in accordance with Nevada State Law The owner of the vehicle is in question or has not been identified 502.10.1 HOLD REVIEW AND RELEASE Vehicles that have a hold place on them shall be reviewed daily by a supervisor. The supervisor will evaluate the continued necessity for the hold. Based on the Supervisor's determination, the Supervisor will authorized the continued hold or order the hold be released. The supervisor will document the review and decision in the case file. Vehicle hold releases will be in writing and promptly provided to the storage service. Copyright Lexipol, LLC 2024/06/13, All Rights Reserved. Vehicle Towing - 5 Published with permission by Lander County Sheriff's Office