2011-09-27 PUBLIC SAFETY - Laserfiche WebLink

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Recommendation #3 -Have the driver sign a liability waiver in order to eliminate the requirement for officers to consider towing a vehicle due to the high crime area. Given the explanation and advice of the Police Legal Advisor, this recommendation will not be included. This practice could potentially open the officer, the Department and the City to claims alleging liability where there is none. Recommendation #4 - Allow for a 24-hour storage for a vehicle that has never been impounded and a 30-day impoundment for a vehicle that has been impounded two times or more in the last six months. The policy will permit the vehicle to be released the next business day (less than 24-hours) unless a 30-day hold is permissible as established by the policy. A 30-day impound may be authorized when a vehicle is impounded where the driver has been issued a citation for a licensing violation at least once in the past nine months or two or more times in the past three years, or other violations as enumerated in the policy. Recommendation #5 - Eliminate the language regarding the "Due proves clause under the 5`h amendment of the U.S. Constitution and case law:" reference to Post Storage Hearings. Deputy Chief Rojas stated the language related to the due process of law was changed from the 5`h amendment of the U.S. constitution (Federal Standard) to the 14th amendment of the U.S_ Constitution, which more accurately reflects local government's duty to extend due process. Language referencing the post-storage hearing requirements as set forth in the Vehicle Code was also included in the policy. Recommendation #6 - No officer shall leave stranded any person who would not be able to obtain transportation in a safe manner. The policy and current law already addresses this issue. Recommendation #7 - Accept an alternate form of identification in lieu of a fingerprint. The Santa Ana Police Department must require a reasonable form of identification that can be used to identify a person and prosecute that person for any criminal offenses as appropriate. Unless necessary in furtherance of prosecution, no fingerprint obtained as required by law shall be entered into any database. 3. PUBLIC COMMENTS • Emilo Ramos stated until now, they have only received fragments of the new policy with the condition that it could be modified without notice. Negotiations have gone on with intrigue and secrets. He would also like more meetings with the Police Department. • Abraham Medina feels there is urgency for the policy due to families involved. • Gema Salas feels towing and fees are still unfair. Many jobs need vehicles. • Maria Zacarias doesn't like the idea of no liability and doesn't want towing at all. • Paty Madueno believes the policy still needs to be worked on and feels it is the same as the previous policy. • Jose Tinajero appreciates the time that has been put in the new policy. • Albert Castillo doesn't feel it was right that the Community did not have the opportunity to review the policy prior to the meeting. Vehicles are still being towed. He agrees with Recommendation #1. He does not understand Recommendation #2. He questions the locations are considered "high crime areas". He feels 30 days hold on a vehicle is cruel and unusual punishment.