Purpose
The purpose of this policy is to provide employees with information and guidance on towing vehicles, and inventory, storage and releasing of impounded vehicles.
Procedures/Regulations
- Officers shall impound vehicles in the following circumstances:
- As authorized by a “Pick-up and Hold” Order;
- As directed by an MPD investigator or supervisor;
- The officer has probable cause to believe the vehicle is stolen and the owner is not present.
- Unless otherwise prohibited by law, officers may impound vehicles parked on public property in the following circumstances:
- The officer has probable cause to believe that the vehicle constitutes evidence of a crime and impoundment is reasonably necessary to preserve the evidence;
- There is probable cause to believe that the vehicle contains evidence of a crime and impoundment is reasonably necessary to obtain or preserve the evidence;
- The vehicle impedes traffic, threatens public safety, or threatens public convenience and the owner or responsible occupant cannot immediately remove the vehicle on his/her own;
- The vehicle is subject to forfeiture.
- The vehicle is illegally parked and impoundment is specifically authorized by Minnesota state statute or Minneapolis ordinance, including, but not limited to, MN Statute sections 168B.04 and 168B.035. This includes, but is not limited to, retaining control over a vehicle that is subject to forfeiture;
- The owner or responsible occupant is arrested, absent, or otherwise incapacitated and impoundment appears appropriate for the safekeeping of the vehicle and its contents, to protect them from theft and damage and to protect the MPD from claims of mishandling, unless prohibited in section [C] below.
- The owner or responsible occupant requests that the MPD takes responsibility for the vehicle.
- Officers shall not impound a vehicle solely for safekeeping in the following circumstances:
- When the owner or responsible occupant has been cited rather than arrested, and is capable of taking responsibility for the vehicle.
- When the owner or responsible occupant has been arrested, specifically requests to make arrangements for the vehicle and is successful in making those arrangements.
- An officer should give an arrestee a reasonable opportunity to make arrangements if specifically requested.
- Such an opportunity should not unnecessarily delay or hinder any ongoing police investigation or official duties (e.g. testing a driver’s alcohol concentration within a statutorily required time-frame).
- When another person with a valid driver’s license is available at the scene and has the owner’s/responsible occupant’s permission to take custody of the vehicle, even if the owner/responsible occupant has been arrested.
- The vehicle is legally parked and the owner/responsible occupant requests the vehicle to be left legally parked.
- Officers are not required to ask an owner or responsible occupant if they wish to make their own arrangements for the removal of the vehicle in lieu of impoundment.
- Vehicle Accidents
- In vehicle accidents, if an immediate tow is necessary, officers shall note the reason in the Vehicle Impound Report and shall order the tow. An immediate tow is necessary when a vehicle is disabled and either impedes traffic or otherwise presents a risk to the public safety and public convenience, or when the failure to immediately tow would place the vehicle or its contents at risk of theft.
- If the vehicle does not have to be moved immediately, is not disabled, and the owner or responsible occupant is able to remove the vehicle within a reasonable time, officers shall not order a tow.
- In other cases where an immediate tow is not necessary, but the vehicle is disabled, the owner (if on scene) or responsible occupant should be given a reasonable opportunity to arrange a tow. If officers have an opportunity they should ask the owner or responsible occupant if they wish to arrange a tow, when practical. When a citizen is arranging a tow, they shall be responsible for ordering the private tow and for the resulting charges. Officers shall not order a private tow.
- In all cases in which a report is required and a vehicle is towed, officers shall state the reason for towing in the report. If a report is not required, officers shall state the reason for impounding the vehicle on the tow sheet.
- In all cases in which a report is required and a vehicle could have been towed but is left legally parked, officers shall note the reason it was left parked, including a summary of the owner or responsible occupant’s request(s), if any, in the report.
Definitions
Refer to the Commonly Used Terms page for general definitions.
- Forfeiture: The process by which legal ownership of an asset is transferred to a government or other authority.
- Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
- Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.
- Responsible Occupant: A person in the vehicle, who after reasonable inquiry, appears to be in lawful possession of the vehicle.
- Safekeeping: Any item of no known evidentiary value surrendered to an employee of the department for temporary custody. The person surrendering the property has the legal right to do so, and the property will be returned to the rightful owner(s), unless disposition by the department, in a manner prescribed by law.