Hollywood Police Department SOP 225 Towed or Impounded Vehicles PDF
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2023
Jeff Devlin
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Summary
This document is a standard operating procedure (SOP) for the Hollywood Police Department regarding towed or impounded vehicles. It details procedures for various scenarios, including disabled vehicles, accidents, abandoned vehicles, and those involved in criminal activity. It outlines the process for towing, inventory, and administrative procedures for impounded vehicles.
Full Transcript
SOP HOLLYWOOD POLICE DEPARTMENT...
SOP HOLLYWOOD POLICE DEPARTMENT #225 TOWED OR IMPOUNDED VEHICLES ORIGINATION DATE: 02/12/2001 REVISED DATE: 06/23/2023 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: To establish guidelines for Towing and/or Impounding Vehicles. SCOPE: This SOP applies to all Members of the Department. POLICY: The Hollywood Police Department has the authority and responsibility to; ensure the safe and efficient flow of vehicular traffic, recover stolen vehicles, process vehicles involved in crimes, and safeguard vehicles by removing/towing them to a place of safekeeping. INDEX: PROCEDURE:.............................................................................................................................................. 2 I. OVERVIEW OF TOWING VEHICLES................................................................................................... 2 A. TRAFFIC:.............................................................................................................................................. 2 B. CRIMINAL IN NATURE:........................................................................................................................... 3 II. PROCEDURES FOR TOWING VEHICLES........................................................................................... 3 A. DISABLED OR UNSAFE VEHICLES AS A RESULT OF A TRAFFIC CRASH:..................................................... 3 B. MECHANICAL BREAKDOWN-DISABLED OR OBSTRUCTING TRAFFIC (ATTENDED):...................................... 3 C. ABANDONED VEHICLES (UNATTENDED):................................................................................................. 4 D. SUBJECT TO POLICE INVESTIGATION:.................................................................................................... 4 E. IMPOUNDMENT:.................................................................................................................................... 4 F. FORFEITURE:........................................................................................................................................ 5 G. ARREST:.............................................................................................................................................. 5 H. UNCOLLECTED TOW FEES:.................................................................................................................... 5 III. TOWED VEHICLE INVENTORY AND RECEIPT FORMS.................................................................... 5 A. CONTENT:............................................................................................................................................ 6 B. HOLDS:................................................................................................................................................ 6 IV. ADMINISTRATIVE INVENTORY OF TOWED VEHICLES................................................................... 6 A. PURPOSE:............................................................................................................................................ 6 B. LEGAL AUTHORITY:............................................................................................................................... 6 C. LEGAL RESTRICTIONS:.......................................................................................................................... 7 SOP 225 Towed or Impounded Vehicles Page 1 of 11 D. INVENTORY METHODS:.......................................................................................................................... 7 V. TOWING FROM PRIVATE PROPERTY................................................................................................ 7 A. CRIMINAL:............................................................................................................................................ 7 B. PRIVATE PROPERTY:............................................................................................................................ 7 C. CIVIL MATTERS:.................................................................................................................................... 7 VI. TOWED VEHICLE’S SUBJECT TO TELETYPE ENTRY OR REMOVAL............................................ 8 A. PROCEDURE FOR ENTRY OR REMOVAL:................................................................................................. 8 B. TYPES OF TOWED VEHICLES THAT REQUIRE TELETYPE ENTRY:.............................................................. 8 VII. VEHICLE HOLDS................................................................................................................................... 8 A. STATE STATUTE:.................................................................................................................................. 8 B. LEGAL CRITERIA FOR HOLDS:................................................................................................................ 8 C. DEPARTMENT PROCEDURE FOR “INITIAL” HOLDS:................................................................................... 9 D. DEPARTMENT PROCEDURE FOR “HOLD EXTENSIONS”:............................................................................ 9 E. REQUESTING A VEHICLE “HOLD” BY ANOTHER:....................................................................................... 9 F. CRIME SCENE PROCESSING “HOLDS”:................................................................................................... 9 G. VEHICLE “HOLD” INQUIRIES:................................................................................................................ 10 H. VEHICLE HOLD RELEASES:.................................................................................................................. 10 VIII. FORM ROUTING.................................................................................................................................. 10 A. TOWED VEHICLE INVENTORY AND RECEIPT FORMS:............................................................................. 10 B. VEHICLE HOLD RELEASE AND VEHICLE HOLD EXTENSION FORMS:........................................................ 10 IX. TELETYPE RESPONSIBILITIES WHEN VEHICLES ARE TOWED.................................................. 11 A. TELETYPE RESPONSIBILITIES:............................................................................................................. 11 B. TELETYPE OPERATORS:...................................................................................................................... 11 X. DEFINITIONS:...................................................................................................................................... 11 A. ADMINISTRATIVE INVENTORY:.................................................................................................... 11 B. HOLD (INITIAL):............................................................................................................................... 11 C. HOLD (EXTENDED):........................................................................................................................ 11 D. PROBABLE CAUSE:........................................................................................................................ 11 PROCEDURE: I. OVERVIEW OF TOWING VEHICLES Members possess the legal authority to have vehicles towed to a storage facility under certain conditions. A. Traffic: Members may tow a vehicle for the following traffic-related incidents: 1. Disabled or unsafe due to a traffic crash or breakdown. 2. Obstructing traffic (attended or unattended). SOP 225 Towed or Impounded Vehicles Page 2 of 11 B. Criminal in Nature: Members may tow a vehicle for the following criminally related incidents: 1. Suspiciously abandoned. 2. Involved in a crime and subject to Police investigation. 3. Lawful impoundment. 4. Forfeiture. 5. Arrest. II. PROCEDURES FOR TOWING VEHICLES A. Disabled or Unsafe Vehicles as a Result of a Traffic Crash: When a vehicle is disabled or unsafe as a result of a traffic crash, the following procedures will apply: 1. Vehicle Removal: It will become the investigating Member’s responsibility to: a. Ensure the vehicle is removed from the scene by requesting communications to contact the appropriate wrecker service. (City contractor or private request). b. Advise Dispatch of any special equipment that may be needed. c. Ensure that the responding wrecker service cleans all debris from the roadway. d. Complete the Towed Vehicle Inventory and Receipt Form (see Section III of this SOP). 2. Private Requests: Citizens can request a private towing service to respond for towing. However, if the private towing service cannot respond in a reasonable amount of time, the Member will: a. Request the contracted wrecker service to remove the vehicle. b. Complete the Towed Vehicle Inventory and Receipt Form (see Appendix B). B. Mechanical Breakdown-Disabled or Obstructing Traffic (Attended): While on or off-duty, when operating a marked Police vehicle within the City limits, Members encountering a stranded motorist will stop and check on the welfare of the occupants and perform the following: 1. If the Member is enroute to a call of higher priority, the Member will notify Communications and request a Unit to respond. 2. If applicable, initiate a SIGNAL-84 [Disabled Vehicle Assistance] with Communications. 3. Conduct one of the following: a. Request Communications to contact the contracted wrecker service. b. Assist the motorist in contacting a friend, family member, or private towing service to respond for assistance. Members will not directly call any towing service for assistance. 4. Ensure the person’s safety. Dispatch will be given the starting and ending mileage if transporting citizens in a police vehicle. 5. If the vehicle is on the roadway, remain with the vehicle providing a safety zone, with emergency lights activated until the vehicle is towed or removed from the roadway. 6. Do not: a. Use Police vehicles to push a stranded vehicle off the roadway, except in exigent circumstances. b. Utilize battery cables to jump-start a disabled vehicle. SOP 225 Towed or Impounded Vehicles Page 3 of 11 C. Abandoned Vehicles (Unattended): Members observing or dispatched to an unattended or abandoned vehicle will: 1. Determine the vehicle’s status by checking the tag number and VIN through NCIC/FCIC. 2. Attempt to contact the vehicle's registered owner to determine the vehicle's status, i.e., stolen, disabled, lost, etc. 3. Tow the Vehicle if the vehicle is: a. Stolen – (per SOP #260 Property Crimes) and ensure its removal from Teletype). b. Obstructing City traffic – (issue a parking citation; remain with the vehicle providing a safety zone, with emergency lights activated, until the vehicle is towed). c. Abandoned and meets any of the criteria in Section VI, Towed Vehicles Subject to Teletype, Paragraph B of this SOP – (enter into the FCIC/NCIC System). 4. If the vehicle doesn’t meet the requirements for towing but is abandoned, the Member will: a. Forward the Vehicle’s description and location for Code Enforcement follow-up. b. Complete a Field report using the offense code Abandoned Vehicle. D. Subject To Police Investigation: Vehicle holds or extended vehicle holds may be placed on towed vehicles requiring follow-up investigations: 1. Criminal Investigations: Processing is needed by a Crime Scene Technician, and the Crime Scene Technician is either: a. Not available for on-scene processing or, b. Unable to process the vehicle on-scene due to environmental conditions. 2. An Auto Theft Investigator is needed to inspect the car. 3. Required as evidence for prosecution by the State Attorney’s Office. 4. Traffic Investigation: The vehicle is needed for a vehicle inspection due to a serious crash or fatality. E. Impoundment: Vehicles can be lawfully impounded and given an Extended Hold based on the following criteria: 1. The vehicle was used for one of the following offenses and is subject to impoundment fines being collected before its release per City Ordinance: a. Misdemeanor narcotics. b. Lewd and lascivious behavior. c. Prostitution. 2. Florida State Law requires Officers to immediately impound a vehicle because a driver’s license is currently suspended or revoked, and all of the following apply. (See 322.34(8) a-f f.s.) a. The driver is the owner or co-owner of the vehicle. b. The driver/owner’s license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license. c. The suspension was for either (1). Failure to maintain insurance. (2). Habitual Traffic Offender. SOP 225 Towed or Impounded Vehicles Page 4 of 11 3. When a vehicle is impounded by operation of City Ordinance 101.46 (impoundment as a result of prostitution or drug activity), the officer impounding the vehicle will: a. Provide the vehicle owner with a Vehicle Impoundment - Notice to Owner (see Appendix F). The officer must indicate the date and time of the probable cause hearing. b. Deliver a copy of the probable cause affidavit to the Legal Advisor’s Office within 24 hours of the impoundment. F. Forfeiture: Vehicles used or intended to be used in the commission of a crime can be subject to confiscation and forfeiture under the Florida Contraband Forfeiture Act. An arrest of the owner does not always have to occur for a vehicle to be civilly forfeited. 1. Towing: Upon seizure of a motor vehicle or small vessel, members shall have it towed to the contracted wrecker service’s garage. An administrative inventory will be conducted prior to the vehicle or vessel being towed. If the vehicle or vessel requires a search warrant, the vehicle or vessel can be brought directly to the Crime Processing Area within the sally port, or if that area is not available, contact the Property and Evidence Unit for access to the Forfeiture Lot. If access is needed after normal business hours, contact Teletype. (See SOP #170 Seizure & Forfeiture of Assets, Section I. B. 1.) a Members are not permitted to drive the vehicle subject to confiscation and/or forfeiture. 2. Complete the following: a. Towed Vehicle Inventory and Receipt Form. b. Forfeiture Analysis Form (see Appendix E). c. Probable Cause Affidavit. d. Priority Field Report. e. Extended Hold Form. 3. Members will forward all reports and/or recorded statements to the Legal Advisor via their Inter-office mailbox and email. G. Arrest: When a vehicle is towed for safeguarding as a result of the driver being placed under arrest: 1. The Member will conduct an Administrative Inventory and tow the vehicle. 2. An arrestee may request that the vehicle be released to a third party. 3. This request will be accommodated when the request does not interfere with or delay the Officer’s investigation and a. A licensed driver can remove the vehicle in a reasonable amount of time or; b. If the vehicle can be left in a large commercial parking area or legally parked on City property, the Driver must sign a Driver Disclaimer and Release Form (see Appendix A). H. Uncollected Tow Fees: Due to un-collected towing fees being billed to the Department, Members will not release a vehicle directly to an owner. The contracted wrecker service must remove all vehicles towed to headquarters, and the owner will contact the wrecker service for release. However, the Department recognizes certain circumstances in which the Legal Advisor can release a vehicle to an owner. III. TOWED VEHICLE INVENTORY AND RECEIPT FORMS Members will utilize the Towed Vehicle Inventory and Receipt Form (see Appendix B) to record all wrecker service tows required by the Department. SOP 225 Towed or Impounded Vehicles Page 5 of 11 A. Content: Towed Vehicle Inventory and Receipt forms must meet the following minimum guidelines of content: 1. Time: 2. Date: 3. Location towed from: 4. Requesting Member’s name and Badge Number: 5. Reason for removal or tow: 6. Towing Service’s name: 7. Location of where the vehicle is transported to. 8. How and when the registered owner was notified about the towing of their vehicle or documentation of attempts to contact the vehicle owner. 9. Inventory of contents. 10. Whether a hold was placed on the vehicle and by whose authority. 11. Teletype Operator’s name, Badge Number, and Teletype Message Number. B. Holds: The Towed Vehicle Inventory and Receipt form will be completed in its entirety. When completing the form, Members will pay particular attention to the following: 1. Holds: a. Requires Supervisor authorization and signature. b. Requires that within five (5) days, a Member: (1). Release the hold (see Section VII G) or (2). Place an extended hold (see Section VII D). 2. Owner Contact: Delivery of the owner’s copy of the form to the authorized driver of a vehicle will serve as sufficient notification when the vehicle is towed during an arrest or crash. 3. Form Disbursement: Members are required to have all Towed Vehicle Inventory Receipt forms signed by the wrecker service driver. The driver will be given the wrecker service’s copy, and the remaining copies will be forwarded to Records. IV. ADMINISTRATIVE INVENTORY OF TOWED VEHICLES A. Purpose: The purpose of an Administrative Inventory for a vehicle being towed is as follows: 1. Protect the owner's vehicle and contents while in Police custody. 2. Protect the Department from lost, stolen, missing, or damaged property claims. 3. Protect Members and the public against injury or property damage due to hazardous materials or substances being stored within the vehicle. B. Legal Authority: An Administrative Inventory can be conducted without a warrant or probable cause when a vehicle is lawfully towed, seized, or impounded for safeguarding subsequent to arrest. SOP 225 Towed or Impounded Vehicles Page 6 of 11 C. Legal Restrictions: Examination of the contents of a vehicle during a criminal investigation or with the intent of discovering evidence of a crime is a search and not an Administrative Inventory. D. Inventory Methods: To properly perform an Administrative Inventory, Members will: 1. Inspect all areas of the vehicle, including the trunk and passenger compartment, including; containers, suitcases, and boxes found within. If any item is locked, a key should be obtained to open the item. 2. The Administrative Inventory will be conducted at the location where the vehicle was stopped and before the vehicle is towed. 3. All items of value will be listed on the Towed Vehicle Inventory Receipt form in the appropriate field. (Note: each item with minimal value need not be itemized, i.e., a toolbox with miscellaneous tools, a suitcase with clothing, etc.). 4. Members should ask the driver and occupants of the vehicle being towed where all valuables are located (cell phones, checks, cash, jewelry). Small valuable items will be removed from the vehicle and placed into the prisoner’s property or removed by the occupants. 5. The Driver’s signature will verify the Vehicle’s inventory. 6. Items of questionable ownership will be placed into property on a Property Report for release upon proof of ownership. 7. Any contraband or evidence discovered during an Administrative Inventory will be removed and documented as evidence in the following reports: a. Towed Vehicle Inventory and Receipt. b. Field Report. c. Property Report. d. Probable Cause Affidavit, if applicable. V. TOWING FROM PRIVATE PROPERTY A. Criminal: Members can have a vehicle towed from private property if the investigator has probable cause that the vehicle is; evidence of a crime, used in a crime, or subject to forfeiture. However, legal guidance should be obtained to determine if a search warrant is required prior to a seizure unless the vehicle is towed incidental to arrest. B. Private Property: The Department will not tow vehicles on private property if they have not been involved in a crime. The owner or representative of the premises will be responsible for removing the vehicle. However, City Ordinance allows Members to issue the vehicle a parking citation if the private property owner signs an affidavit or the owner of the parking space (see Municipal Ordinance 72.051 and 72.053). C. Civil Matters: Businesses that were delivered a vehicle for repairs are legally entitled to the payment due to services rendered (mechanical repairs, towing, and storage). The business can retain the vehicle until the bill is paid or a bond is posted with the Courts and evidence of the bond is delivered to the business. Officers will not tow these vehicles at the request of citizens. SOP 225 Towed or Impounded Vehicles Page 7 of 11 VI. Towed Vehicle’s Subject to Teletype Entry or Removal A. Procedure for Entry or Removal: The following procedures will be completed when a vehicle requires entry or removal from the FCIC/NCIC System: 1. Contact the Teletype Operator and advise what type of entry is required (i.e., stolen, recovered, or abandoned). 2. Note the Teletype Operator’s name and Badge Number on the Towed Vehicle Inventory and Receipt form and in the Field report. 3. Note the entry or removal message number and enter it on the Towed Vehicle Inventory and Receipt form and the Field report. 4. Note the NIC number in the vehicle section of the Field report. B. Types of Towed Vehicles that Require Teletype Entry: The following are the parameters for an FCIC/NCIC System entry or removal: 1. Stolen Vehicles: a. A Recovered stolen vehicle requires the Member to have the Teletype Operator remove the vehicle from the FCIC/NCIC System. b. An entry of a stolen vehicle requires the Member to have the Teletype Operator enter the vehicle into the FCIC/NCIC System. 2. Abandoned Vehicles: Members that tow an Abandoned Vehicle will have a Teletype Operator enter the vehicle into the NCIC/FCIC System as an Abandoned/Recovered Vehicle and will document any unusual characteristics about the vehicle’s condition. a. Such characteristics include: (1). A damaged ignition. (2). Parts are missing (i.e., doors, airbags, seats, etc.). (3). Damage consistent with a Hit and Run crash. (4). Bullet holes. (5). Blood in or on the vehicle. (6). Contraband or evidence within the vehicle. b. If the abandoned vehicle is on private property and the property owner claims: (1). That the vehicle is abandoned, a search warrant is not required. (2). The vehicle, a search warrant may be required. VII. VEHICLE HOLDS A. State Statute: FSS Chapter 323 governs a Law Enforcement Agency’s right to place a “Hold” on a vehicle, duration of the hold, and responsibility for storage payment. B. Legal Criteria for Holds: The law stipulates: 1. The Investigating Agency may only place an initial “hold” on a vehicle within a wrecker operator’s storage facility for a period not to exceed 5 days, excluding holidays and weekends, unless extended in writing. SOP 225 Towed or Impounded Vehicles Page 8 of 11 2. A Law Enforcement Agency can only extend a Hold for the following: a. “There is probable cause to believe the vehicle will be forfeited.” b. “There is probable cause to believe the vehicle was used in a crime.” c. “There is probable cause to believe the vehicle was involved in a traffic crash resulting in death or serious personal injury and should be sealed for investigation and collection of evidence.” d. “Court Order.” e. “Vehicle is impounded or immobilized pursuant to FS Law 316.193 f.s. or 322.34 f.s..” 3. A subject whose vehicle has been impounded or immobilized has the ability to request a judicial hearing. If a Court rules that no probable cause existed for the impoundment or immobilization: a. The investigating Agency ordering the hold will pay the accrued charges for any towing and storage. b. The Legal Advisor will notify the appropriate Division Major of such Court disposition. c. The appropriate Division Major will have an Administrative Inquiry conducted. C. Department Procedure for “Initial” Holds: The Department’s Legal Advisor is the facilitator for all Departmental holds. Vehicle forfeiture hold inquiries will be forwarded to the Legal Advisor’s Office. All other hold inquiries will be routed to the Tow Liaison in Records. An Initial Hold is instituted by Members as follows: 1. First, receive a Supervisor’s approval before initiating a “hold.” 2. Complete the Towed Vehicle Inventory and Receipt form in its entirety and: a. Check the “Hold” box. b. Check the appropriate “Reason” box. c. Enter the Supervisor’s name that approved the “hold” and have him sign the form. d. Enter the Division or Section of the unit requiring the hold (i.e., Auto Theft, Crime Scene Investigations, Traffic Homicide Unit, or Legal). 3. The investigating Member requiring the hold will follow up on the status of the “hold” by completing either the “Hold Release” or “Hold Extension” form (see Paragraph D or H of this Section) D. Department Procedure for “Hold Extensions”: Vehicles with “Initial” holds are subject to release by the wrecker service to the owner or lien holder of record if the “Hold Extension” procedure is not properly followed. The investigating Member is responsible for completing a “Hold Extension” form (see Appendix C) if any of the legal requirements in paragraph B are met. E. Requesting a Vehicle “Hold” by Another: When an outside Agency requests a Hold on a vehicle that a Member from this Agency has recovered, the Agency requesting the Hold will be immediately notified by Teletype. The Agency requesting the Hold will be responsible for releasing the Hold or extending the Hold. F. Crime Scene Processing “Holds”: If a “hold” is initiated on a vehicle that the Crime Scene Unit must process, the following will apply: SOP 225 Towed or Impounded Vehicles Page 9 of 11 1. The contracted wrecker service will tow the vehicle to one of the following locations: a. The contracted wrecker service’s secured garage. b. Or to any other designated location as directed by a CID Member. 2. Supervisors will ensure that the evidence integrity of the vehicle is not compromised. 3. The Member who requested the “hold” will complete either: a. The “Hold Release” form. b. The “Hold Extension” form. The requesting Member will attach the entire form with their signature to the vehicle by placing it underneath the vehicle’s windshield wiper. 4. Contact the Crime Scene Technician and: a. Place their name, contact time, and Badge Number on the Towed Vehicle Inventory and Receipt form. b. Advise the Technician of the vehicle description, processing required, and vehicle location. 5. The Crime Scene Technician will ensure that: a. The vehicle is processed and removed as expeditiously as possible. b. The “Hold Release” or “Hold Extension” form is signed to provide notification that the vehicle has been processed. c. A copy of the “Hold Release” or “Hold Extension” is provided to the wrecker service. A copy will also be forwarded to Records. G. Vehicle “Hold” Inquiries: When any Member is contacted by any citizen, attorney, or wrecker service employee inquiring about the status of a held vehicle, the inquiry will be directed to the Tow Liaison (Records). Forfeiture hold inquiries will be directed to the Legal Advisor’s Office. H. Vehicle Hold Releases: When the reason for the vehicle hold no longer exists, the investigating Member is responsible for releasing the hold by submitting a “Vehicle Hold Release” form (see Appendix D). The responsible Member will: 1. Expedite the release of the vehicle by: a. Contacting the wrecker service by phone and fax them a copy of the “Hold Release” form. b. Notifying the owner by phone that their vehicle has been released. c. Sending the completed form to Records. 2. The Tow Liaison will follow up with the owner and the wrecker service. VIII. FORM ROUTING A. Towed Vehicle Inventory and Receipt Forms: Towed Vehicle Inventory and Receipt forms will be routed to Records. Records will retain the white original and distribute the remaining copies. B. Vehicle Hold Release and Vehicle Hold Extension Forms: All Vehicle Hold Release or Vehicle Hold Extension forms will be routed to the Tow Liaison in Records. Records will retain the original for filing. Upon request, the Tow Liaison will fax a copy to the wrecker service. SOP 225 Towed or Impounded Vehicles Page 10 of 11 IX. TELETYPE RESPONSIBILITIES WHEN VEHICLES ARE TOWED A. Teletype Responsibilities: Teletype may provide the following assistance: 1. Contact the contracted wrecker service and ask for an Estimated Time of Arrival (E.T.A.). 2. If the vehicle is towed for improper parking or by Code Enforcement, the vehicle will be placed on the appropriate log-in Teletype. 3. Attempt to contact an owner when requested by a Member in the field. B. Teletype Operators: Teletype Operators will: 1. Ensure entry and/or removal of all abandoned or recovered vehicles (FCIC). 2. Fill out the appropriate Log: a. Abandoned Vehicle Entry Log. b. Recovered Vehicle Log within Teletype. X. DEFINITIONS: A. ADMINISTRATIVE INVENTORY: A protective inventory of a vehicle is conducted on behalf of the owner and the Department before the vehicle is placed into police custody. B. HOLD (INITIAL): A “hold” on a motor vehicle stored within a wrecker operator’s storage facility that is temporary in nature and will not exceed 5 days, excluding holidays and weekends, unless extended in writing with a properly executed Hold Extension form. The initial hold is executed by checking the appropriate box on the Towed Vehicle Inventory Receipt form. C. HOLD (EXTENDED): A “hold” on a motor vehicle stored within a wrecker operator’s storage facility that is permanent in nature as long as the extension meets certain lawful criteria. All extended holds require the completion of a “Hold Extension” form. D. PROBABLE CAUSE: A circumstance within one’s own knowledge and experience that is rational, trustworthy, and supported by articulated facts which would lead a reasonable and prudent man to make a conclusion that the information is true. ATTACHMENTS: Appendix A: Driver Disclaimer and Release Form Appendix B: Towed Vehicle Inventory Receipt Form Appendix C: Vehicle Hold Extension Form Appendix D: Vehicle Hold Release Form Appendix E: Forfeiture Analysis Form Appendix F: Vehicle Impoundment – Notice to Owner Appendix G: Receipt For and Release of Property SOP 225 Towed or Impounded Vehicles Page 11 of 11 HOLLYWOOD POLICE DEPARTMENT DRIVER DISCLAIMER and RELEASE FORM Case Number: ___________ Date: _____________ Sig./Offense: ______________ I, ___________________________________________________________________ , (Name of Owner) hereby state that I am the owner of: Year: ____ Make: _____ Model: _________ Tag: __________ Color: __________ which is legally parked at or near: (Address parked or name of large Commercial parking area) and due to my arrest or inability to drive my vehicle from the above-referenced location, it is my preference that my vehicle remain on-scene until I can make private arrangements to retrieve my vehicle. Understanding that it is my decision that my vehicle remains on-scene. I hereby release and hold harmless the City of Hollywood, its employees, Officers, and agents from any claims or actions resulting from property damage or theft of my vehicle. Officer witnessing Driver’s signature to this form: Name/Badge: _________________________________ Date: _____________ Signature: _______________________________________________________ 1 225 Appendix A. TOWED VEHICLE & INVENTORY RECEIPT FORM CITY OF HOLLYWOOD POLICE DEPARTMENT (954) 967- 4357 DATE: DAY: TIME: H.P.D. CASE NUMBER: RELATED JURISDICTION PARKING CODE NAME & CASE NUMBER: VIOLATION #: VIOLATION #: REASON FOR TOW: DISABLED CRASH INVESTIGATION ARREST OBSTRUCTING TRAFFIC ABANDONED OTHER TOWED FROM: TOWED VEHICLE AND OWNER INFORMATION REGISTERED STREET OWNER: ADDRESS: CITY: STATE: ZIP CODE: RESIDENCE PHONE #: BUSINESS PHONE #: OWNER CONTACTED? YES NO CONTACT ATTEMPTED? YES NO TIME: VEHICLE MAKE: MODEL: BODY: 2D 4D TK SW COLOR: YEAR: TAG TAG DECAL EXPIRATION STATE:: NUMBER: NUMBER: DATE: V.I.N.# INSURANCE COMPANY NAME: TELEPHONE #: ( ) KEYS WITH VEHICLE: RADIO IN VEHICLE: WEATHERPROOFING REQUIRED: (EX. BROKEN WINDOWS) YES YES NO YES NO LIST ALL INTERIOR AND EXTERIOR VEHICLE DAMAGE: INVENTORY OF CONTENTS: WRECKER SERVICE INFORMATION A SUPERIOR TOWING COMPANY 2385 S.W. 66TH TERRACE DAVIE, FLORIDA 33317 PHONE # (954) 424-8781 OTHER: CONFISCATION LOT WRECKER DRIVER’S SIGNATURE: ID#: DATE: TIME: TELETYPE INFORMATION TELETYPE OPERATOR’S NAME: BADGE#: MESSAGE#: MEMBER’S NAME/SIGNATURE COMPLETING FORM: BADGE #: CHECK HERE IF VEHICLE HOLD REQUIRED Inside Storage YES FORFEITURE PROCESSING CRASH INSPECTION COURT ORDER IMPOUNDMENT EVIDENCE APPROVING SUPERVISOR’S NAME: SIGNATURE: INVESTIGATING OFFICER’S NAME : SIGNATURE: WHITE-RECORDS GREEN-C.I.D. INVESTIGATOR YELLOW-OWNER PINK-PD LEGAL OFFICE GOLD-WRECKER SERVICE 225 Appendix B. CITY OF HOLLYWOOD, FLORIDA POLICE DEPARTMENT 3250 HOLLYWOOD BOULEVARD ZIP 33021-6967 Telephone: (954) 967-4567 Fax: (954) 967-4459 HOLLYWOOD POLICE DEPARTMENT VEHICLE HOLD EXTENSION DATE: TIME: CASE # TYPE OF INCIDENT: REASON FOR EXTENSION: FORFEITURE PROCESSING ACCIDENT INSPECTION COURT ORDER IMPOUNDMENT EVIDENCE OFFICER REQUESTING EXTENTION: VEHICLE PROCESSING PROCESSED: YES NO ID TECH NAME: BADGE#: VEHICLE INFORMATION YEAR: MAKE: MODEL: BODY: STYLE: COLOR: TAG: STATE: YEAR: VIN #: SUPERVISOR AUTHORIZING EXTENSION NAME: DATE: SIGNATURE: TIME: NOTICE TO OWNER: Receipt of this Form will serve as notification that the City of Hollywood Police Department has extended the “hold” on your vehicle for the reason described above. Should you have any questions, you can contact the Hollywood Police Legal Advisor at (954) 967-4490. White-Records Yellow-Owner by Mail Pink-Wrecker Service 225 Appendix C. CITY OF HOLLYWOOD, FLORIDA POLICE DEPARTMENT 3250 HOLLYWOOD BOULEVARD ZIP 33021-6967 Telephone: (954) 967-4567 Fax: (954) 967-4459 HOLLYWOOD POLICE DEPARTMENT VEHICLE HOLD RELEASE FORM DATE: TIME: CASE # TYPE OF INCIDENT: REASON FOR HOLD: FORFEITURE PROCESSING ACCIDENT INSPECTION COURT ORDER IMPOUNDMENT EVIDENCE OFFICER WHO REQUESTED HOLD: VEHICLE PROCESSING PROCESSED: YES NO ID TECH NAME: BADGE#: VEHICLE INFORMATION YEAR: MAKE: MODEL: BODY: STYLE: COLOR: TAG: STATE: YEAR: VIN #: RELEASE AUTHORIZATION NAME: DATE: SIGNATURE: TIME: NOTICE TO OWNER: Receipt of this Form will serve as a notification that the City of Hollywood Police Department has released the above-described vehicle and that it can be reclaimed at the following location: SUPERIOR TOWING 2385 SW 66 TERRACE DAVIE FLORIDA 33317 PHONE # (954) 424-8781 HOLLYWOOD POLICE DEPARTMENT LEGAL ADVISORS OFFICE’S 3250 HOLLYWOOD BLVD HOLLYWOOD FLORIDA 33021 PHONE # (954) 967-4490 OTHER: White-Investigating Officer Yellow-Owner by Mail Pink-Wrecker Service 225 Appendix D. CASE #: _________________________________ DIVISION MAJOR: _______________________ Date Submitted to Public Safety Legal Advisor’s Office: ______________ HOLLYWOOD POLICE DEPARTMENT FORFEITURE ANALYSIS FORM DESCRIPTION OF ITEM(S) SEIZED FOR FORFEITURE ANALYSIS: CURRENCY ______________________ (State amount with specificity and verified by Supervisor) MOTOR VEHICLE/VESSEL: Make: ______________ Model ______________ Year _________ Mileage _______________ VIN/Serial#/HIN ________________________________ Name of Registered Owner ______________________________________________ DATE OF NOTIFICATION TO FLEET TO EXAMINE VEHICLE: _________________ x_________________ good condition x_________________ bad condition/damaged Lienholder Information (if applicable): _________________________________________________ OTHER: Please specify any and all other items you have seized forfeiture: ___________________ ___________________________________________________________________________________ NAME(S) OF OWNER/ PERSONS FROM WHOM THE PROPERTY WAS SEIZED: __________________________ ___________________________ __________________________ ___________________________ ADDRESS(ES) OF OWNERS AND/OR ANY OTHER PERSON(S) WHO ARE POTENTIAL CLAIMANTS TO THE SEIZED PROPERTY: ________________________________________City: ________________________ State: _________ ________________________________________City: ________________________ State: _________ DATE AND TIME ITEM(S) WAS/ WERE CONFISCATED: _______________________________ LOCATION OF SEIZURE: ___________________________________________________________ NAME(S) OF PERSON(S) ARRESTED: ________________________________________________ OFFENSE(S): _______________________________________________________________________ PLEASE INCLUDE THE FOLLOWING WITH YOUR FORFEITURE FORM: ___ Tow Slip (if applicable) ___ Inventory/ Property Receipt ___ PC Affidavit ___ Reports ___ Driver and Vehicle Information (DAVID) ___ Search Warrant ___ Tapes ___ Photographs ___ Other (Specify) ________________________________________ Prepared by: ____________________________ Badge#:_______________ Date:_______________ 225 Appendix E. HOLLYWOOD POLICE DEPARTMENT VEHICLE IMPOUNDMENT – NOTICE TO OWNER The below-described vehicle has been impounded by the Hollywood Police Department pursuant to City Ordinance § 101.46. One of the following options must be selected for your vehicle’s return. OPTION #: 1 The owner agrees to pay an administrative fee/fine of $500.00 to the City of Hollywood and waive any request for a Preliminary or Final Hearing allowed by City Ordinance § 101.46. The Administrative Fee is non-refundable. This fee must be paid at the Hollywood Police Department Records Division, on the third floor of the Police Department, Monday through Thursday from 7:00 a.m. to 6:00 p.m. Upon receipt of payment, the Records Division will provide a “Receipt/Release of Property” to the vehicle owner. The owner must then deliver this receipt to the City’s designated wrecker service. At that time, the wrecker service will accept the paid receipt and assess all applicable towing and storage fees. The wrecker service will promptly release the owner’s vehicle after the owner pays the applicable towing and storage fees. OPTION #: 2 The owner disputes the violation of the vehicle impoundment and requests a preliminary hearing by posting a $500.00 bond. A final hearing will be scheduled pursuant to City Ordinance § 101.46. A preliminary hearing will be scheduled at the below location on the following date and time: Location, Date & Time Case Number Year Make Model Color Tag or VIN Registered Owner Street Address City State Zip Owners Signature Officers Signature & Badge # Date 225 Appendix F. HOLLYWOOD POLICE DEPARTMENT RECEIPT FOR & RELEASE OF PROPERTY I have made payment to of the City of Hollywood Police Department. I acknowledge that the below-described vehicle has been subject to impoundment under City Ordinance § 101.46. I certify that I am legally entitled to possession of this property. I further acknowledge that I have previously reviewed the “Vehicle Impoundment-Notice to Owner,” and I am aware of my options to reclaim the below-described vehicle. I also waive any and all claims against the City of Hollywood as a result of impounding this vehicle. As a result of the vehicle being impounded under the City’s Vehicle Impoundment Ordinance, I choose to (select one): Waive any request for a Preliminary or Final Hearing allowed by Ordinance and pay the $500.00 Administrative Fine. The Administrative Fee is non-refundable. Post a $500.00 bond and dispute the Administrative Fee. A final hearing will be scheduled pursuant to City Ordinance § 101.46 This completed receipt is evidence that the proper payment has been received by the Hollywood Police Department for a vehicle impounded under City Ordinance § 101.46. The below-described motor vehicle will only be released to the owner or other authorized person who presents this receipt to the tow company. Case Number Year Make Model Color Tag # Registered Owner’s Name Street Address City State Zip Signature of Payer Social Security # of Payer Date Officer’s Signature Badge # Date 225 Appendix G.