0630.60 Vehicle Disposition and Impoundment

0630.60, Vehicle Disposition and Impoundment

Refer:       
•    ORS 133.033, Peace officer community caretaking functions
•    ORS 133.535, Permissible objects of search and seizure
•    ORS Chapter 192.000, Records; Public Reports and Meetings
•    ORS 806.010, Driving uninsured prohibited
•    ORS 807.010, Operating vehicle without driving privileges or in violation of license restrictions
•    ORS 809.720, Impoundment for specified offenses
•    ORS 811.175, Violation driving while suspended or revoked
•    ORS 811.182, Criminal driving while suspended or revoked
•    ORS 813.010, Driving under the influence of intoxicants 
•    Portland City Code 14A.30.080, Unlawful Street Takeover and Unlawful Staging of Street Takeover Event
•    Portland City Code 14A.50, Conduct Prohibited on Public Property  
•    Portland City Code 14C.10, Police Duties to Inventory Property
•    Portland City Code Chapter 16.30, Towing and Disposition of Vehicles
•    Portland City Code 29.60.060, Nuisance Abatement
•    Portland City Code 3.98, Towing Board of Review
•    DIR 0630.61, Stolen Vehicles
•    DIR 0640.02, Photography and Digital Imaging.
•    DIR 0650.00, Search, Seizures, and Inventories
•    DIR 0900.00, General Reporting Guidelines

Definitions:
•    Abandoned Vehicle: A vehicle left on public property for more than 24 hours that appears to be neglected or deserted by the owner, and for which one or more of the following conditions exist:
          o    The vehicle does not have a lawfully affixed, unexpired registration plate, or fails to display current registration.
          o    The vehicle appears to be inoperative or disabled.
          o    The vehicle appears to be wrecked, partially dismantled, or junked.

•    Administrative Release: An electronic document or notation in the tow record, issued by the Records Division, authorizing the vehicle's owner to obtain the vehicle from impound.

•    Courtesy Tow: The removal of a legally parked vehicle for the purpose of clearing an area for special events, film or video projects, construction, or other reasons.

•    Formal Hold: A restriction placed on a towed vehicle by a member, prohibiting the owner from accessing both the towed vehicle and its contents for an indefinite period.  

•    Member: Member generally refers to any Portland Police Bureau employee. For this directive, when discussing the authority to seize or impound a vehicle, member refers only to sworn police officers.  

•    Owner: For this directive, owner means the vehicle's registered owner, an authorized agent of the registered owner such as their attorney, the person lawfully in possession or control of the vehicle, or a person who purchased the vehicle from the owner and provides written proof of ownership.

•    Private Request Tow:  The non-impound removal of a vehicle at an owner's request.  

•    Temporary Hold: A short-term restriction placed on a towed vehicle by a member, prohibiting the owner from accessing both the towed vehicle and its contents.  Temporary holds automatically expire after 72 business hours, unless lifted sooner by the initiating member or an investigative unit.

•    VIN Inspector: A member specifically trained to conduct VIN inspections.

•    Vehicle: For this directive, a vehicle means any device that can transport persons or property upon a public highway.  This includes recreational vehicles (RVs), which consists of motor homes and accessory RVs.
o    Motor Home: A motor vehicle designed for human occupancy, or a camper on the back of a truck.
o    Accessory RV: A non-motor vehicle designed for human occupancy, such as vacation trailers, fifth-wheel trailers, and campers that are not on the back of a truck.  Accessory RVs include vehicles designed for off-road use (4-wheeler, dune buggy, boat).

Policy:
1.    This directive outlines when sworn Bureau members are authorized to impound vehicles and incorporates Bureau and City tow procedures.  

2.    Impounding vehicles is a seizure under the Fourth Amendment to the United States Constitution and Article 1, Section 9 of the Oregon Constitution. Both Portland City Code 14C.10, and Portland Police Bureau Directive 0650.00, Search, Seizures, and Inventories, require that members inventory the contents of any vehicle they impound. Accordingly, impounding vehicles also involves a required inventory search.

3.    State law or municipal ordinance may authorize police to impound vehicles for certain offenses and/or as part of community caretaking.  However, state law or municipal ordinance cannot make an otherwise unconstitutional search or seizure lawful; members should be aware that impounding a vehicle and inventorying its contents is both a seizure and search that must be found lawful under the Fourth Amendment and the Oregon Constitution.  

Procedures: 
1.    Community Caretaking Considerations.
1.1.    Members may impound a vehicle when motivated primarily by a community caretaking concern presented by the vehicle, rather than any punitive or investigative reason. "Community caretaking" is not an independent exception for seizing a vehicle without a warrant – rather, "community caretaking" is an umbrella term covering many kinds of police action.  
1.2.    Members shall not impound a vehicle solely for community caretaking if the owner consents to have a lawful driver, who is present, safely move the vehicle to a location that no longer presents a community caretaking concern. 
1.2.1.    Members are not required to wait for such a person to arrive, but may choose to wait at their discretion. 
1.3.    Members should use discretion when deciding whether to impound a vehicle in situations that could cause undue hardship or risk to the occupants. Such situations may include, but are not limited to: vehicles occupied or equipped for use by young children, elderly individuals, or persons with disabilities, as well as vehicles used as residences.

2.    Authority to Impound.
2.1.    Public Safety.
2.1.1.    The vehicle poses an immediate danger to public safety. This includes, but is not limited to, a vehicle that a member reasonably believes, based on the nature, condition, and location of the vehicle, presents an immediate danger to any person.  For example, a vehicle the member reasonably believes contains explosives, toxic or dangerous chemicals, or substances that present an immediate danger to any person.
2.1.2.    Administrative release required.

2.2.    Hazard.
2.2.1.    The vehicle is impeding, or likely to impede, the normal flow of vehicular or pedestrian traffic. This includes, but is not limited to, a vehicle blocking a traffic or bicycle lane, private or public driveway, and a vehicle impeding the normal flow of vehicular or pedestrian traffic on streets, parking lots, or other premises open to the public.
2.2.2.    Administrative release required.

2.3.    Safekeeping.
2.3.1.    The vehicle was in possession of a person taken into police custody; the vehicle or vehicle's contents are exposed to theft or damage; and no other reasonable disposition of the vehicle is available.  
2.3.2.    This includes, but is not limited to, a high-value vehicle or vehicle with high value contents; a vehicle that cannot be secured due to the circumstances, location, design, or condition of the vehicle; or a vehicle in a location that has an increased likelihood of theft or damage.  
2.3.3.    Administrative release required.

2.4.    Alarm Disturbance.
2.4.1.    The vehicle is not equipped with a vehicle alarm that is designed to, and does in fact, cease emitting an intermittent or constant sound after an aggregate time of 3 minutes within a 15-minute period on any public right-of-way or in a public park; and 
2.4.2.    The alarm system disturbs, injures, or endangers, or is likely to disturb, injure, or endanger the peace, quiet, comfort, repose, health, or safety of the public or any person.
2.4.3.    Administrative release required.

2.5.    Possible Stolen Vehicle. 
2.5.1.    The member reasonably believes the vehicle is an unreported stolen vehicle.  Members shall make a reasonable effort to contact the registered owner to determine if the vehicle is in fact stolen prior to ordering a tow.  Members shall obtain supervisor approval to impound a vehicle as a Possible Stolen Vehicle and document that approval in their investigative report. 
2.5.2.    Administrative release required.

2.6.    Parking Violations.  
2.6.1.    Members may impound vehicles for other parking violations when impoundment is authorized by city code.
2.6.2.    A parking citation is required. 
2.6.3.    No administrative release required.

2.7.    Impoundment for Certain Offenses.
2.7.1.    Members may impound vehicles when they have probable cause to believe the driver committed any of the following offenses: 
2.7.1.1.    Driving uninsured (ORS 806.010);
2.7.1.2.    Driving while suspended or revoked (ORS 811.175 or ORS 811.182); 
2.7.1.3.    Operating a vehicle without driving privileges or in violation of license restrictions (ORS 807.010) and the operator's license has been expired for 60 days or more, or that the operator has not had a valid driver's license within the previous 60 days; 
2.7.1.4.    Driving while under the influence of intoxicants (ORS 813.010);
2.7.1.5.    Fleeing or attempt to elude police officer (ORS 811.540); 
2.7.1.6.    Speed racing on highway (ORS 811.125); or 
2.7.1.7.    Reckless driving (ORS 811.140). 
2.7.2.    Members may impound vehicles when they have probable cause to believe that the vehicle has been used or is possessed for the purpose of being used to commit or conceal the commission of one of more of these offenses:
2.7.2.1.    Prostitution (ORS 167.007), Promoting prostitution (ORS 167.012), or Compelling prostitution (ORS 167.017) or any attempt, solicitation or conspiracy of one of these offenses; or
2.7.2.2.    Unlawful delivery of imitation controlled substances (ORS 475.991), Unlawful possession, delivery, or manufacture of controlled substance (OR 472.992), Unlawful distribution of controlled substance to minors (ORS 475.995), Unlawful manufacture or delivery of controlled substance within 1,000 feet of school (ORS 475.999), or any attempt, solicitation, or conspiracy of one of these offenses. 
2.7.3.    Administrative release required for all listed offenses.

2.8.    Street Takeover.
2.8.1.    Members may, without prior notice, order a motor vehicle towed as evidence of a crime, for community caretaking, or for any other lawful purpose, without respect to the person's ownership of the motor vehicle, when the peace officer has probable cause to believe the person operating or in possession or control of the motor vehicle has committed the offense of Unlawful Street Takeover or Unlawful Staging of a Street Takeover Event. The owner of a motor vehicle that has been towed under this section may seek the return of the motor vehicle as provided by law.
2.8.2.    Administrative release required.

2.9.    Criminal Evidence.  
2.9.1.    Members may seize a vehicle when a warrant to seize the vehicle exists.
2.9.2.    Members may seize a vehicle when the vehicle is on a premises open to the public, or in an area that the officer has lawfully entered, and it is immediately apparent to the member that the vehicle itself may be evidence as defined in ORS 133.535. 
2.9.3.    Members may seize a vehicle when the member has probable cause to believe that the vehicle contains evidence as defined in ORS 133.535, and exigent circumstances exist, which make it reasonably necessary to seize the vehicle to preserve the evidence or protect it from removal, tampering, or destruction. 
2.9.4.    If no exigent circumstances exist, the member can arrange for another member(s) to standby with the vehicle until they can obtain a warrant. If exigent circumstances arise while obtaining the warrant, including, but not limited to, persons attempting to access the vehicle, members can deny access or seize the vehicle as evidence in accordance with Directive 0650.00, Search, Seizure, and Inventories.  
2.9.5.    Members shall consult with a Sergeant before impounding a vehicle that is part of a felony crime scene or known or suspected to contain evidence of a felony. 
2.9.6.    Administrative release required.

2.10.    Stolen Vehicle Recovery.
2.10.1.    Members shall refer to Directive 0630.61, Stolen Vehicles, for guidance on stolen vehicle recovery procedures.
2.10.2.    Recovery of stolen vehicles discovered at a tow lot. 
2.10.2.1.    Members shall not proceed with stolen vehicle recovery procedures for stolen vehicles discovered at tow lots, unless a supervisor grants an exception. 
2.10.2.2.    Supervisors may grant exceptions when circumstances merit a member recovering the vehicle (e.g., evidentiary need, known suspect information). 
2.10.2.3.    Unless a supervisor grants an exception, members dispatched to a tow lot to recover a stolen vehicle shall clear the call with a disposition of "I-Referred/Other Agency Handled."  
2.10.2.4.    Members shall notify Auto Records of the call to ensure Records clears the vehicle from LEDS/NCIC.  
2.10.2.5.    Auto Records shall be responsible for notifying owners and reporting agencies of the vehicle's recovery. 
2.10.2.6.    Members shall document, in the CAD call, the DPSST number of the member they contacted at Auto Records, when possible.

2.11.    Abandoned Vehicles.
2.11.1.    Members shall not impound a vehicle solely because the vehicle is abandoned.  Members may report abandoned vehicles to PBOT's Parking Enforcement Division.  
2.11.2.    Members may impound abandoned vehicles that present additional community caretaking concerns or criminal evidence pursuant to this Directive.

3.    Tow Request and Reporting Procedures.
3.1.    Requesting a Tow.
3.1.1.    Members may request tow service via the Autura app on their Bureau-issued phone, or by contacting BOEC.  
3.1.2.    When requesting a tow, members shall provide the following information, if applicable: 
3.1.2.1.    Reason for the tow.
3.1.2.2.    Criminal charge and/or parking violation.
3.1.2.3.    Vehicle location and specific directions for access.
3.1.2.4.    Vehicle's license plate number, VIN, year, make, model, and color.
3.1.3.    Members shall wait at the scene for the tow operator to arrive, other than for parking violations and Private Request Tows.  For all other tows, the following apply:
3.1.3.1.    Members shall confirm that the tow operator that arrives is from the company dispatched.  
3.1.3.2.    Tow operators are not required to complete the tow if a member is not present.
3.1.3.3.    Tow companies must appear at the scene within 30 minutes on routine requests.  Tows involving special equipment or large vehicles may require additional time. 
3.1.3.4.    To file a complaint for late arrival or other reasons, members may complete a primary report documenting the circumstances and forward the narrative section of the report to the Bureau's Tow Board representative in the Records Division.

3.1.4.    When circumstances allow a vehicle to stay in place, members shall make reasonable efforts to secure the vehicle and document their efforts in a police report. If a member cannot reasonably secure a vehicle, the member shall request a tow for the vehicle for safekeeping pursuant to this Directive.

3.2.    Reporting Requirements.
3.2.1.    Members shall write a police report whenever they seize or impound a vehicle.
3.2.1.1.    This requirement applies to tows members request on behalf of other police agencies. 
3.2.2.    Members shall document: 
3.2.2.1.    Reason for the tow.
3.2.2.2.    Name, address, and date of birth of the driver and other parties claiming an interest in the vehicle.  
3.2.2.3.    License plate number and state, VIN, year, make, model, style and body color.
3.2.2.4.    Unique features such as visible damage or markings on the vehicle. 
3.2.2.5.    Formal or Temporary Hold information, if applicable: supervisor approving Hold, investigator responsible for Hold, and reason for Hold (e.g., search warrant, photos, DNA, fingerprinting, etc.).

4.     Formal Holds. 
4.1.    Members may place a Formal Hold on an impounded vehicle, with supervisor approval, if the vehicle is evidence or contains evidence of a crime.
 
4.2.    Members shall request that vehicles that are evidence or contain evidence of a crime are towed to Rivergate Vehicle Storage (RVS).

4.3.    Members shall provide Property & Evidence Division (PED) with the following information for all Formal Holds via the Autura app or by email:
4.3.1.    Case number.
4.3.2.    Supervisor approving Hold.
4.3.3.    Investigator responsible for Hold. 
4.3.4.    Reason for Hold (e.g., search warrant, photos, DNA, fingerprinting, etc.).

4.4.    Members may request that a Temporary Hold be changed to a Formal Hold before the Temporary Hold expires, if the tow company still possesses the vehicle. 
4.4.1.    Auto Records shall facilitate the transfer of a vehicle to RVS if a Temporary Hold is changed to a Formal Hold.

4.5.    Members may have vehicles that are at a private tow lot or other facility relocated to RVS at any time.

4.6.    Formal Hold Removal and Expiration.
4.6.1.    Members may remove Formal Holds by contacting Auto Records. 
4.6.2.    The investigator responsible for the Hold shall provide Auto Records with the name of the person the vehicle should be released to (e.g., registered owner).
4.6.3.    Formal Holds will expire according to the following timeframes, unless the investigator responsible for the Hold requests and receives an extension from the Property and Evidence Division (PED):
4.6.3.1.     Misdemeanor Crimes: 30 days
4.6.3.2.    Felony Crimes: 60 days.
4.6.3.3.    Homicides: 120 days.

4.7.    Asset Forfeiture.
4.7.1.    Vehicles impounded for civil forfeiture shall be towed to RVS with a Formal Hold for the Narcotics and Organized Crime (NOC) supervisor.
4.7.2.    Vehicles shall not be towed for civil forfeiture without prior approval from the on-call NOC supervisor.
4.7.3.    A civil forfeiture notice shall be issued to all parties associated with the vehicle.

4.8.    Formal Hold for Fingerprints or DNA. 
4.8.1.    Forensic Evidence Division (FED) may be notified to have a vehicle examined for potential fingerprints or DNA evidence when:
4.8.1.1.    A recovered stolen vehicle was used in another crime.
4.8.1.2.    The vehicle is involved in a crime such as rape, robbery, or burglary and the fingerprints are needed to help identify the suspect.
4.8.1.3.    There is a known suspect in a stolen vehicle, theft from vehicle, or felony hit and run case, and the fingerprints are needed to link the suspect with the vehicle.
4.8.1.4.    Any exceptions to this section must be approved by a supervisor.  
4.8.1.5.    Members seizing a vehicle for examination by FED shall place a Formal Hold on the vehicle, contact FED to request processing, and notify the appropriate detective or sergeant as soon as practicable.  The member shall also request the vehicle be towed to RVS, and tell the tow operator to place the vehicle out of the weather and to avoid unnecessarily touching the vehicle. 
4.8.2.    When requesting a Formal Hold for fingerprints or DNA, members shall consult with a FED supervisor or detective regarding search warrant considerations. 
4.8.3.    Vehicles are generally not examined for fingerprints when:
4.8.3.1.    The vehicle is a recovered stolen and no other crimes are involved.
4.8.3.2.    A victim's vehicle is the subject of a theft and there is no suspect.

5.    Temporary Holds. 
5.1.    Temporary holds expire 72 hours following placement, excluding weekends and holidays.

5.2.    Members shall request vehicles that require a VIN inspection be towed to a private lot, unless given authorization to tow to RVS by a VIN Inspector.

5.3.    If a vehicle is sent to RVS for a VIN Inspection, the member shall annotate in the tow request that they are either a VIN Inspector or they received authorization from a VIN Inspector so that Auto Records can accurately track and document the vehicle's location.

5.4.    The member ordering the tow shall notify the proper investigative unit and towing company of the temporary hold.
 

5.5.    Vehicle Identification Number (VIN) Inspection Hold. 
5.5.1.    Members may place a Temporary Hold on any vehicle towed within the City of Portland in which the VIN has been removed, defaced, or altered, in order to conduct a VIN inspection.
5.5.2.    VIN Inspectors may request the vehicle be towed to RVS for processing purposes.  
5.5.3.    VIN inspectors are authorized to place and/or remove Formal or Temporary Holds for VIN inspection on towed vehicles they are inspecting.

6.    Special Circumstance Tows.
6.1.    Police Bureau Vehicles.
6.1.1.    If a Police Bureau vehicle requires towing services, the member shall request a tow and provide the vehicle's shop number and reason for the tow in their request.

6.2.    Police, Fire, and Medical Operations.
6.2.1.    Members may order towing to facilitate the operations by fire, police, ambulance, or other emergency personnel or vehicles.

6.3.    Courtesy Tows.
6.3.1.    City permit holders who reserve specific areas for activities such as film production, special events, parades, or similar events may request towing of vehicles parked in the reserved area.
6.3.2.    Members may order a courtesy tow on behalf of the permit holder for a vehicle parked in a public right-of-way:
6.3.2.1.    To provide safe clearance for special events such as parades, marches, or motorcades; or
6.3.2.2.    To provide clear access for areas specifically reserved by City permit. 
6.3.3.    The supervisor in charge may direct the vehicle be towed to another legal parking space on the public right-of-way, to any storage facility designated by the City.
6.3.4.    Towing companies are required to notify Auto Records of the exact location of each towed vehicle upon completion of each tow to prevent vehicles from being mistakenly reported or recorded as stolen. 
6.3.5.    The costs of towing and storing the vehicle for a period not to exceed 72 hours will be paid by:
6.3.5.1.    The City in the case of a tow requested by a City officer or employee, or
6.3.5.2.    The permittee in the case of a tow requested by a permittee. 
6.3.5.3.    The owner of the vehicle may be charged a reasonable storage fee for the storage of the vehicle if the vehicle is towed and stored at a private storage facility and the owner fails to remove the vehicle from the private storage facility within 72 hours after the vehicle was towed.

6.4.    Private Request Tows. 
6.4.1.    Members may order a Private Request Tow on behalf of the owner of a vehicle.
6.4.2.    If the vehicle owner is present, but unable to request towing due to injuries or other circumstances, members may request private towing if they reasonably believe the owner would request towing if able.  

Effective:          4/15/2026

Next Review:    4/15/2029