The department must have some legitimate interest in impounding a vehicle that outweighs the defendant s Fourth Amendment right to be free from unreasonable searches or seizures. The general premise is if the vehicle is parked in a safe location not obstructing traffic, there is not sufficient reason to order a tow.
Towing Reasons:
The reason for towing must be clearly documented in a report. The most common reasons for towing are:
- Evidence in a crime.
- Traffic hazard.
- Parking violations with four hour waiting period.
- Forfeiture (General Order 439.17: Property Seized for Administrative Forfeiture).
- Health tow.
Officers shall be familiar with the laws and ordinances and ensure any vehicles towed are in compliance with existing state statutes. Minnesota statutes 168B.035 and 168B.04 and Saint Paul Legislative Code 157 and 162 define the reasons why a vehicle may be towed.
Additional Considerations:
- There is no statutory provision for towing a vehicle where the driver is cited and released, not arrested, or just because the officer suspects the suspect may drive again after the officer leaves.
- A vehicle may be impounded for safekeeping if the driver, operator, or person in physical control of the vehicle is taken into custody and the driver is unable to make arrangements for the vehicle, and there is not another responsible person.
Revised September 29, 2016