Lakewood Police Department Policy and Procedure Vehicle Hold Procedures |
Effective Date: 07/16/2020 | ||
Policy Number: PP-4749 - Vehicle Hold Procedures |
1. A police hold against a vehicle shall be authorized only in the following instances:
a. When a search warrant is to be obtained and executed on the vehicle.
b. When the vehicle has been used in the commission of a felony and a forfeiture or nuisance procedure is pending.
c. Processing for evidence or when the vehicle itself is evidence.
d. Whenever practical, a vehicle shall be photographed or other evidence obtained while at the scene, i.e., paint chips, thereby negating the need for a hold.
2. Supervisory approval shall be required prior to any vehicle being placed on a police hold.
3. Agents shall note the reason for the police hold and the approving authority in the narrative section of the vehicle impound report.
4. Whenever possible, an OPG tow shall not be requested until all scene processing is completed, or nearly completed.
5. If there is some reason why a held vehicle cannot be processed and photographed within a 7 - day period, the agent shall obtain permission from his supervisor to delay release of the vehicle. This delay in release shall be reviewed every 7 days. The held vehicle shall be made available for release as soon as possible.
6. When an agent places a police hold against a vehicle pending a search or subsequent evidence processing, he shall affix evidence seals to the vehicle.
7. Prior to sealing the vehicle on police hold, an agent shall remove the ignition and trunk keys from the vehicle, if available, and give them to the OPG tow driver.
8. Seals utilized on impounded vehicles shall be placed on all doors and on the sides of the trunk and hood.
9. Prior to placing the seals, each agent shall ensure that the vehicle's windows are closed and the seals secure any entrance into the vehicle.
10. When seals are used, they shall be placed on all doors a minimum of 6 inches below the door handles and, in the case of police holds, this procedure will avoid contaminating any possible physical evidence.
11. The impounding agent shall write the date, case report number, and his name on each vehicle seal.
12. On a police hold no person other than an agent or a technician of the Criminalistics Unit shall break the seals on the vehicle.
13. Any person wishing to examine a vehicle on hold must have the permission of the agent in charge of the investigation or a supervisor. Any examination of a vehicle on hold shall be done in the presence of an agent.
14. When any property is removed from an impounded vehicle, an agent or technician shall be present and record the appropriate information on a property report.
15. On other than "held" vehicles, the OPG custodian or the receiving agent shall have the authority to enter the vehicle if necessary to remove equipment used by the tow operator to move the vehicle so that release procedures can be implemented.
16. When the seals have been broken on a held vehicle, other than to release it, the vehicle shall be resealed and the employee who breaks the seals shall complete a supplemental report explaining in the narrative section why the seals were broken including the fact that he resealed the vehicle.
17. Whenever an agent or supervisor changes the release status of an impounded vehicle, he shall be responsible for the immediate notification of the owner and the Records Section. Notification of the owner may be made in person, via telephone, or via certified mail.
18. When a vehicle being held becomes available for release, it shall be the responsibility of the agent handling the case to immediately sign the release authorization in the Records Section. In the absence of the agent, his supervisor shall assume this responsibility.
19. The Records Section shall be responsible for notifying the OPG when a vehicle has been made available for release or when a vehicle has been placed on hold after initial impoundment.
20. Records personnel shall note, on the vehicle impound report, their initials, the time and date of notification, and the name of the person at OPG that has been notified of the status change. Records personnel will update Niche with the detective’s name and badge number.
21. The Records Compliance Coordinator shall complete a quarterly inventory of the impounded vehicles which are on a hold status. Copies of the inventory shall then be distributed, via the chain of command, to each agent or investigator assigned to cases with vehicles on hold status. The assigned case investigator, agent, or his supervisor shall enter on the vehicle inventory form if the vehicle is available for release or the reason the vehicle is not available for release and shall initial same. The completed inventory forms shall be returned to the Records Compliance Coordinator for review.