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FULL PACKET_2011-10-17
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FULL PACKET_2011-10-17
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Agenda Packet
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10/17/2011
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Recommendation #4 - Up to 24 hour storage for a vehicle that has never been <br />impounded. Thirty day impoundment for a vehicle that has been impounded two or more <br />time in the last six months. The proposed policy says up to 30 day vehicle impounds will <br />be authorized when it is determined the driver is the legal/registered owner or if the <br />legal/registered owner knew or should have known the driver had license status issues. <br />In most cases, other vehicles will not be impounded utilizing the up-to 30 day model. If a <br />vehicle is impounded for 30 days, the owner will have an opportunity for a post storage <br />hearing to have the vehicle released. In an effort to increase citizen satisfaction "Post <br />Storage Hearing" hours will be increased to both the morning and the afternoon Monday <br />through Friday. <br />Recommendation #5 - Eliminate language regarding the "Due process clause under the <br />5th amendment of the U.S. constitution and case law" reference to the Post Storage <br />hearing. This language must remain in the policy. It is critical for the officers to know <br />that anytime a person is deprived of property they have a right to due process under the <br />U.S. Constitution. Choosing to ignore case law on any issue would create liability and <br />confusion for officers and the Department. <br />Recommendation #6 - No deputy shall leave stranded any person who would not be able <br />to obtain transportation in a safer manner. When necessary deputies should assist <br />persons in finding safe transportation. Calling parents, transporting persons to safe <br />place where they may arrange for transportation. This policy is already a consideration <br />in the policy and will be further codified. <br />Recommendation #7- Accept an alternate form of identification in lieu of a fingerprint <br />card. Current department policy states an alternate form of ID can be used and <br />proposed impound policy will require a fingerprint if identification is an issue. If the <br />person is issued a citation the court mandates a fingerprint on the citation for filing if the <br />driver does not have proper identification. This fingerprint will not routinely be entered <br />into "ANY" electronic system but may be utilized to confirm identities for court at later <br />times and could be used to ensure persons not responsible for illegal conduct are not <br />held accountable. The use of a fingerprint on the back of any citation is a standard <br />utilized on all out of custody arrests and citations performed by the Department. It is for <br />future identification purposes only. Committee Member David Benavides wants to make <br />sure the wording to verify the fingerprint is not passed on to any other organization. <br />ITEMS FOR NEXT MEETING <br />A. Impound Policy Update <br />4. NEXT MEETING DATE - Tuesday, September 27, 2011, 5:30 P.M. Santa Ana Police Facility, 60 <br />Civic Center Plaza, Police Community Room, Santa Ana, California <br />ADJQU ,NMENT - 9:35 P.M. <br />a <br />PAUL M. WALTERS <br />Chief of Police <br />2 <br />13A-2
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