Breach of trust is a generic term used to refer to a civil dispute in which a vehicle is taken under circumstances other than auto theft.
Examples of situations in which a breach-of-trust report should be taken:
- An auto dealer lets a vehicle out for a test drive and the vehicle is not returned in the period of time designated.
- A rental car agency lets a vehicle out and the renter does not return the vehicle within the prescribed time.
- A business setting where an employee has the vehicle in the field and does not return it to the business.
- A situation where the vehicle is loaned to another for a certain length of time and the vehicle is not returned as promised.
- A situation where in the course of an intimate relationship, even if short in duration, the owner/possessor of the vehicle finds her/his vehicle missing and suspects the other person in the relationship.
If a breach of trust report is taken, the Evidence Manager process should not be used. An original report may be filed by the officer documenting the breach of trust. The complainant should be advised that the report documents the occurrence and that the vehicle plates and VIN will be entered into our local databases as a breach of trust but not the national system as a stolen vehicle. Should their vehicle be stopped, it may be towed and the owner is responsible for all related expenses. If the person opts to not have a breach of trust report taken, they should be advised to call the auto theft unit after 30 days in order to report the vehicle stolen.
When a vehicle taken in a breach of trust is returned to the owner, the complainant shall be advised to notify the department so an officer can submit a supplemental report stating the circumstances surrounding the return of the vehicle. The reporting officer shall notify RCECC and to ensure that the vehicle has been removed.
Officers stopping vehicles reported as a breach of trust shall positively identify, but not arrest, the driver and other occupants unless there are other reasons to make an arrest. Officers will also attempt to notify the owner to pick up the vehicle. If unable to make contact with the owner, have the vehicle towed to the impound lot so the rightful owner may recover the vehicle. Do not Hold the vehicle for any investigative unit unless warranted by other circumstances, i.e. used in a crime.
Updated February 1, 2019