Vehicle_Towing (1).pdf

Policy Des Plaines Police Department 503 Des Plaines PD Policy Manual Vehicle Towing 503.1 PURPOSE AND SCOPE This policy provides guidance related to vehicle towing. Nothing in this policy shall require a member of this department to tow a vehicle. 503.2 POLICY The Des Plaines Police Department will...

Policy Des Plaines Police Department 503 Des Plaines PD Policy Manual Vehicle Towing 503.1 PURPOSE AND SCOPE This policy provides guidance related to vehicle towing. Nothing in this policy shall require a member of this department to tow a vehicle. 503.2 POLICY The Des Plaines Police Department will tow vehicles when appropriate and in accordance with the law. 503.3 ARREST SCENES Whenever the owner or operator of a vehicle is arrested, the arresting officer should provide reasonable safekeeping by leaving the vehicle secured and lawfully parked at the scene or, when appropriate, by having the vehicle towed, such as when the vehicle presents a traffic hazard or the vehicle would be in jeopardy of theft or damage if left at the scene. Officers are not required to investigate whether alternatives to towing a vehicle exist after an arrest. However, a vehicle should not be towed if reasonable alternatives exist. When considering whether to leave a vehicle at the scene, officers should take into consideration public safety as well as the reasonable safety of the vehicle and its contents. The following are examples of situations where a vehicle should not be towed: The vehicle can be legally parked, left in a reasonably secure and safe location and is not needed as evidence. The vehicle is parked on private property, on which the arrestee or owner is legally residing, or the property owner does not object to the vehicle being parked at that location. The arrestee or owner of the vehicle requests that it be released to a person who is present, willing and able to legally take control of the vehicle. The vehicle is legally parked and the arrestee or owner requests that it be left at the scene. In such cases the requester should be informed that the Department will not be responsible for theft or damages. 503.4 VEHICLES RELATED TO CRIMINAL INVESTIGATIONS Officers should tow vehicles that are needed for the furtherance of an investigation or prosecution of a case, or that are otherwise appropriate for seizure as evidence. Officers should make reasonable efforts to return a recovered stolen vehicle to its owner rather than have it towed, so long as the vehicle is not needed for evidence. 503.5 RECORDS Records Section members shall ensure that pertinent data regarding a towed vehicle is promptly entered into the appropriate database. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Vehicle Towing - 1 Des Plaines Police Department Des Plaines PD Policy Manual Vehicle Towing 503.5.1 VEHICLE STORAGE REPORT Department members towing a vehicle shall complete a vehicle tow report. The report should be submitted to the Records Section as soon as practicable after the vehicle is towed. A copy of the vehicle tow report for a vehicle towed pursuant to 625 ILCS 5/4-202 or 625 ILCS 5/4-203 shall be provided to the tow service (625 ILCS 5/4-204). 503.5.2 NOTICE OF TOW The Records Section should send a notice of tow to all registered owners, lienholders and others having a recorded interest in the vehicle within 48 hours, excluding weekends and holidays, but in no event shall the notice be sent later than 10 business days after the tow. Notice shall be sent to all such individuals by certified mail (625 ILCS 5/4-205). The notice shall include: (a) The name, address and telephone number of the Des Plaines Police Department. (b) The location where the vehicle is stored. (c) A description of the vehicle, including: 1. Color. 2. Manufacturer year. 3. Make and model. 4. License plate number and/or Vehicle Identification Number (VIN). 5. Mileage. (d) The authority and purpose for the removal of the vehicle. (e) An explanation of the procedure for release of the vehicle and for obtaining a vehicle tow hearing. (f) A request for disposition for the vehicle and any information regarding a public sale of the vehicle, if applicable. If the registered owner, lienholder or other persons having a recorded interest in the vehicle cannot be immediately determined, the notice shall be sent no later than two days after such determination can be made (625 ILCS 5/4-205). 503.6 TOWING SERVICES Members shall not show preference among towing services that have been authorized for use by the Department. A rotation system established by the Department for tow services should be followed (625 ILCS 5/4-203.5). 503.6.1 TOW ROTATION LIST The Operations supervisor is responsible for ensuring that tow rotation lists to be used by department members when authorizing tows is established and maintained (625 ILCS 5/4-203.5). All complaints regarding the process for inclusion on a tow rotation list or the use of a tow rotation list shall be forwarded to the Chief of Police. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Vehicle Towing - 2 Des Plaines Police Department Des Plaines PD Policy Manual Vehicle Towing Members should only deviate from the rotation list in the following circumstances (625 ILCS 5/4-203.5): (a) A safety emergency justifies deviation. (b) The tow service next on the list is incapable of or not properly equipped for handling a specific task related to the tow that requires special skills or equipment. Members should document the reason for any deviation. Towing firms are prohibited from soliciting tows that have not been requested by a member or the owner or operator of a disabled vehicle. Members should tell any such tow operator who is present or arrives to leave the scene (625 ILCS 5/4-203.5). 503.7 VEHICLE INVENTORY The contents of all vehicles towed at the request of department members shall be inventoried and listed on the inventory report. When reasonably practicable, photographs may be taken to assist in the inventory. (a) An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, any unlocked glove box, other accessible areas under or within the dashboard area, any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats. (b) In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers will also be conducted in any other type of unlocked compartments that are a part of the vehicle, including unlocked vehicle trunks and unlocked car top containers. (c) Any locked compartments including, but not limited to, locked glove compartments, locked vehicle trunks, locked hatchbacks and locked car-top containers should be inventoried, provided the keys are available and released with the vehicle to the thirdparty towing company or an unlocking mechanism for such compartment is available within the vehicle. (d) Closed containers located either within the vehicle or any of the vehicle’s compartments will be opened for inventory purposes if the container can be opened without damaging it. Members should ask the occupants whether the vehicle contains any valuables or hazardous materials. Responses should be noted in the inventory report. When practicable and appropriate, cash, jewelry or other small valuables located during the inventory process should be removed from the vehicle and given to the owner, or booked into property for safekeeping in accordance with the Property and Evidence Section Policy. A copy of the property record should be given to the person in control of the vehicle or, if that person is not present, left in the vehicle. A copy of the vehicle inventory will be given to the tow truck operator. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Vehicle Towing - 3 Des Plaines Police Department Des Plaines PD Policy Manual Vehicle Towing These inventory procedures are for the purpose of protecting the vehicle owner's property, providing for the safety of department members and protecting the Department against fraudulent claims of lost, stolen or damaged property. Towing a vehicle in order to perform an inventory should not be used as a pretext for an evidence search. Nothing in this policy prevents the towing of a vehicle that would occur for reasons independent of any suspicion that the vehicle may contain evidence if it is otherwise justified by law or this policy. 503.8 SECURITY OF VEHICLES AND RETRIEVAL OF PROPERTY If the search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, the department member conducting the search shall take such steps as are reasonably necessary to secure or protect the vehicle or property from such hazards. Unless it would cause an unreasonable delay in towing the vehicle or create an issue of officer safety, reasonable accommodations should be made to permit the owner, operator or occupant to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband. Members who become aware that a vehicle may have been towed by the Department in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the owner or his/her agent to request a hearing to contest the tow. 503.9 TOWING OF VEHICLES FROM PUBLIC PROPERTY Vehicles abandoned on public property may be towed in accordance with 625 ILCS 5/4-203. 503.10 TOWING OF VEHICLES FROM PRIVATE PROPERTY Members of the [Department/Office] should not tow or assist in towing vehicles from private property unless authorized by state and local law (625 ILCS 5/4-201 et. seq.). Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Vehicle Towing - 4