This subchapter is meant to exclusively apply to the process
for conducting an inventory of the personal property in an impounded
vehicle and the personal possessions of a person in police custody
and shall not be interpreted to affect any other statutory or constitutional
right(s) that the police officers may employ to search persons or
search or seize possessions for other purposes.
(1993 Code, § 4-2; Ord. 646, passed 7-7-1997)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
A container whose contents are not exposed to view.
A container which is unsecured or incompletely secured in
such a fashion that the container's contents are exposed to view.
The imposition of restraint as a result of an arrest as that
term is defined at O.R.S. 133.005(1);
The imposition of actual or constructive restraint by a police
officer pursuant to a court order;
The imposition of actual or constructive restraint by a police
officer pursuant to O.R.S. Chapter 426; or
The imposition of actual or constructive restraint by a police
officer for purposes of taking the restrained person to an approved
facility for the involuntary confinement of persons pursuant to state
law.
Any officer of the City Police Department.
(1993 Code, § 4-2; Ord. 646, passed 7-7-1997)
(A)
The
contents of all vehicles impounded by a police officer will be inventoried.
The inventory shall be conducted before constructive custody of the
vehicle is released to a third-party towing company except under the
following circumstances:
(1)
If
there is a reasonable suspicion to believe that the safety of either
the police officer(s) or any other person is at risk, a required inventory
will be done as soon as safely practical; or
(2)
If
the vehicle is being impounded for evidentiary purposes in connection
with the investigation of a criminal offense, the inventory will be
done after that investigation is completed.
(B)
The
purpose for the inventory of an impounded vehicle will be to:
(C)
Inventories
of impounded vehicles will be conducted according to the following
procedures.
(1)
An
inventory of personal property and the contents of open containers
will be conducted throughout the passenger and engine compartments
of the vehicle, including, but not limited to, accessible areas under
or within the dashboard area, in any pockets in the doors or in the
back of the front seat, in any console between the seats, under any
floor mats, and under the seats.
(2)
In
addition to the passenger and engine compartments as described above,
an inventory of personal property and the contents of open containers
will also be conducted in the following locations:
(a)
Any other type of unlocked compartments that are a part of the vehicle,
including, but not limited to, unlocked vehicle trunks and unlocked
car-top containers; and
(b)
Any locked compartments, including, but not limited to, locked vehicle
trunks, locked hatchbacks, and locked car-top containers, if either
the keys are available to be released with the vehicle to the third-party
towing company or an unlocking mechanism for the compartment is available
within the vehicle.
(3)
Unless
otherwise provided by law, closed containers located either within
the vehicle or any of the vehicle's compartments will not be opened
for inventory purposes.
(4)
Upon
completion of the inventory, the police officer will complete a report
as directed by the Chief of Police.
(5)
Any
valuables located during the inventory process will be listed on a
property receipt. A copy of the property receipt will either be left
in the vehicle or tendered to the person in control of the vehicle
if that person is present. The valuables will be dealt with in such
a manner as directed by the Chief of Police.
(1993 Code, § 4-2; Ord. 646, passed 7-7-1997)
(A)
A police
officer will inventory the personal property in the possession of
a person taken into police custody, and this inventory will be conducted
whenever:
(1)
The
person will be either placed in a secure police holding room or transported
in the secure portion of a police vehicle; or
(2)
Custody
of the person will be transferred to another law enforcement agency,
correctional facility, or treatment facility as that phrase is used
in O.R.S. 430.399, or other lawfully approved facility for the involuntary
confinement of persons pursuant to Oregon Revised Statutes.
(B)
The
purpose of the inventory of a person in police custody will be to:
(1)
Promptly
identify property to establish accountability and avoid spurious claims
to property;
(2)
Fulfill
the requirements of O.R.S. 133.455 to the extent that the statute
may apply to certain property held by the police officer for safekeeping;
(3)
Assist
in the prevention of theft of property;
(4)
Locate
toxic, flammable, or explosive substances;
(5)
Locate
weapons and instruments that may facilitate an escape from custody
or endanger law enforcement personnel; and
(6)
Reduce
the danger to persons and property.
(C)
Inventories
of the personal property in the possession of these persons will be
conducted according to the following procedures.
(1)
An
inventory will occur prior to placing the person into a holding room
or a police vehicle, whichever occurs first. However, if reasonable
suspicion to believe that the safety of either the police officer(s)
or the person in custody or both are at risk, an inventory will be
done as soon as safely practical prior to the transfer of custody
to another law enforcement agency or facility.
(2)
To
complete the inventory of the personal property in the possession
of the person, the police officer will remove all items of personal
property from the clothing worn by the person. In addition, the officer
will also remove all items of personal property from all open containers
in the possession of the person.
(3)
A
closed container in the possession of the person will have its contents
inventoried only when:
(a)
The closed container is to be placed in the immediate possession
of the person at the time that person is placed in the secure portion
of a custodial facility, police vehicle, or secure police holding
room;
(b)
The person requests that the closed container be with him or her
in the secure portion of a police vehicle or a secure police holding
room; or
(c)
The closed container is designed for carrying money or small valuables
on or about the person, including, but not limited to, closed purses,
closed coin purses, closed wallets, and closed fanny packs.
(D)
Valuables
found during the inventory process will be noted by the police officer
in a report as directed by the Chief of Police.
(E)
All
items of personal property either left in the immediate possession
of the person in custody, or left with the facility or agency accepting
custody of the person, will be handled in the following manner:
(1)
A
property receipt will be prepared listing the property to be retained
in the possession of the respective police department and a copy of
that receipt will be tendered to the person in custody when the person
is released to the facility or agency accepting custody of that person;
or
(2)
The
property will be dealt with in such a manner as may otherwise be directed
by the Chief of Police.
(F)
All
items of personal property either left in the immediate possession
of the person in custody, or dealt with as provided in division (E)
above, will be released to the facility or agency accepting custody
of the person so that it may:
(1993 Code, § 4-2; Ord. 646, passed 7-7-1997)
The city shall establish by written policy and may from time
to time amend a schedule of fees and charges that are set to fully
reimburse the city for all costs of time or material that would not
be otherwise reimbursed.
(1993 Code, § 1-9.1; Ord. 583, passed 8-5-1991)
