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2004-1467-Ordinance No. 2004-026 Recorded 12/29/2004REVIEWED LEGAL COUNSEL RE I WED CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL II V I I I II I II IIII I II II III) III 20-147 RECIR CLERK DI U 200-147 12/29/2004 03:01:15 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Chapter 10.24 of the Deschutes County Code regarding Vehicle Inventory ORDINANCE NO. 2004-026 Searches, and Declaring an Emergency. WHEREAS, the Oregon Supreme Court in State v. Atkinson, 298 Or 1, 688 P2d. 832 (1984) held that a policy for inventorying the contents of an impounded vehicle is a not in violation of Federal and State Constitutions as an inherently "unreasonable" search, if , among other requirements, the inventory is conducted pursuant to a properly authorized administrative program, and WHEREAS, in 1994, the County passes Ordinance 94-054, codified as DCC 10.24, authorizing personal property and impounded vehicle searches, and WHEREAS, the current provisions in Deschutes County Code ("DCC") 10.24.070 need to be amended to address gaps in the current code and to be consistent with law enforcement accreditation requirements; now therefore; THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Chapter 10.24, Personal Property and Impounded Vehicle Inventories, is amended to read as described in Exhibit 'A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. Section 2. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on it passage. / APPROVED this -Oday of 1 C ° yI� L&, -2004 for the Deschutes County Board of Commissioners. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OR,�GON MICHAEL`M. DALY, Chair TO D LF, s ioner X rt NNIS R. LUKE, Commissioner Date of 1st Reading: � day of Cri , 2004. PAGE 1 OF 1 - ORDINANCE NO. 2004-026 (12/20/04) Date of 2"d Reading: day of 2004. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly Tom DeWolf r/ Dennis R. Luke Effective date: December_221,--2004. ATTEST: Recording Secretary PAGE 2 of 1 - ORDINANCE NO. 2004-026 (12/20/04) EXHIBIT A Chapter 10.24. PERSONAL PROPERTY ANDIMPOUNDED VEHICLE INVENTORIES 10.24.010. Purpose. 10.24.020. Definitions. 10.24.025. Definition -Closed container. 10.24.030. Definition -Contraband. 10.24.035. Definition -In custody. 10.24.040. Definition -Inventory. 10.24.050. Definition -Open container. 10.24.055. Definition -Seized vehicle. 10.24.060. Definition -Valuables. 10.24.070. Inventory searches. 10.24.010. Purpose. The purpose of this ordinance is to provide the authority and the procedure for peace officers to conduct inventories of personal property and seized vehicles. Such inventories are necessary to protect private property while in police custody, to reduce or prevent the assertion of false claims for lost or stolen property, and to protect people and property from any hazardous condition or instrumentality that may be associated with the personal property or vehicle. (Ord. 98-045 § 2, 1998; Ord. 94-054 § 1, 1994) 10.24.020. Definitions. For the purposes of DCC 10.24, unless otherwise apparent from the context, certain words and phrases used in DCC 10.24 are defined as set forth in DCC 10.24.25 to 10.24.060. (Ord. 98-045 § 2, 1998; Ord. 95-034 § 1, 1995) 10.24.025. Definition -Closed container. "Closed container" means a container whose contents are not exposed to view. (Ord. 98-045 § 2, 1998) 10.24.030. Definition -Contraband. "Contraband" means any illegal controlled substance or other property which one may not legally possess, in custody of the police which is not needed as evidence and is not subject to order of the court. (Ord. 98-045 § 2, 1998) 10.24.035. Definition -In custody. A. "In custody" means any of the following: 1. The imposition of restraint as a result of an `arrest' as that term is defined in ORS 133.005(1); or 2. The imposition of actual or constructive restraint by a police officer pursuant to a court order; or 3. The imposition of actual or constructive restraint by a police officer pursuant to ORS chapter 430 (treatment facilities, i.e., Detox); or 4. 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 Oregon law. (Ord. 98-045 § 2, 1998) 10.24.040. Definition -Inventory. "Inventory" means to make a list of the property of an individual. (Ord. 98-045 § 2, 1998) 10.24.050. Definition -Open container. "Open container" means a container which is unsecured or incompletely secured in such a fashion that the container's contents are exposed to view. (Ord. 98-045 § 2, 1998) 10.24.055. Definition -Seized vehicle. "Seized vehicle" means a vehicle that has been impounded, forfeited or taken as evidence. (Ord. 98-045 § 2, 1998) 10.24.060. Definition -Valuables. "Valuables" means cash money of any aggregate amount or individual items of personal property with a value of over $500. (Ord. 98-045 § 2, 1998) Chapter 10.24 1 (12/2004) 10.24.070. Inventory searches. ,A. Inventory Procedures 1. Administrative Inventories An authorized member of this agency shall conduct a motor vehicle inventory without a warrant or probable cause when: a. anytime..__ the_..__._ vehicle _ has been lawfully aeized_ forfeited or impounded pursuant to the arrest and/or cite of the driver; b. after _towing____.__ the vehicle........._for violations• c. for related enforcement or safety reasons as defined by state law; d. when.._._...._ deputies___.. conduct the inventory within the scope of this policy as an administrative procedure; e, when_a. crash requires the ._tow .._of a vehicle and the owner or operator is not available, such as death and'or serious injury crash: or f. whenever the Sheriff's Office has possession or is responsible for the vehicle. 2. Examination of the contents of a motor vehicle pursuant ___to a criminal investigation or with the intent of discovering evidence of a crime is a search, not an administrative inventory. l�cputies_shall_be�uided by_this_agency_s policy on motor vehicle searches when engaged in these actions. B. Scone of Inventory I_ An inventory should be conducted in the location at which the vehicle is seized unless limited by reasons of safety or practicality_.._If so, it may be inventoried at a later time following impoundment. 2. The owner or operator of the vehicle shall be asked to remove, if possible, all valuables from the vehicle _p for to impoundment, If such items cannot be removed, they shall be inventoried before the vehicle is removed and the owner,/operator shall__ be requested to verify the completeness of the inventory by signature. 3: A_ motor_ vehicle inventory .rnay.extertd_to all areas of the vehicle in which personal property or hazardous materials may reasonably be found, including but not limited to the passenger compartment, trunk and glove compartment. 4. All closed containers such as locked glovc_hoxes� tn�cks, hatchbacks and car top containers shall be opened for purposes of the inventory. Closed and locked containers shall not be forced Open Ni'Ithow the .owner's consent or a search warrant. ut shall be logged the impound report as such. 11'a key or lock combination is available, locked containers shall be__ ....... opened -and inventoried. C. Property Control All contents of the vehicle will be inventoried with the exception_ of_vehicles ..towed pending._the issuance of a search warrant. All items taken into custody during an inventory shall be listed on a Property/Evidence Receipt and a copy given to the owner of the _property or to the owner%operator of the vehicle. If no owner or owner/operator is available, the receipt may be left in a conspicuous.. place in or about_ the vehicle,. 1. If property valued at $200 or more (jewelry, watches, cash) is discovered. such materials shall be itemized on this agency's inventory_forrn and turned over to the control of the props room fo_r safekeeping. Or, in the case of an arrested subject, deposited at the County Jail if appropriate. 2. Control and safekeeping of. hazardous materials shall be the responsibility of this agency's designated authority, 3. Contraband and evidence discovered during the course of a motor vehicle inventory shall be deposited with the evidence custodian in accordance with Evidence Control Policy 410. 4. Provisions must be made for any live animals prior to towing. The vehicle operator, if practical, shall be asked to Chapter 10.24 2 (12/2004) Deleted: A.. Vehicles.¶ 1.. The contents of all seized vehicles must be inventoried and an itemized list of the valuables shall be documented on a property page. The inventory shall be conducted prior to the vehicle's release to a towing company except under the following circumstances:¶ a.. If there is reasonable suspicion to believe that the safety of either the officer or any other person is at risk, a required inventory will be done as soon as safely practicable; oil b.. If the vehicle is being seized for evidentiary purposes in connection with the investigation of a criminal offense, the inventory will be done after the investigation is completed.¶ 2.. Inventories of seized vehicles shall be conducted according to the following procedure:¶ a.. An inventory of personal property and the contents of open containers located throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under the dashboard, in unlocked glove box(es), hatchbacks, trunks and car -top containers, in any pockets in the doors or in the back of the front seat(s), in any console between the seats, under any floor mats and under seats.¶ b.. The inventories of locked glove box(es), trunks, hatchbacks, and car -top containers will be conducted if keys are available, or unlocking mechanisms are provided. Forced entry is prohibited without the owner's consent or a search warrant.¶ 3.. The inventory is not a search for evidence. Items should be scrutinized to the extent necessary to complete the inventory. While deputies may seize evidence or contraband located during the inventory, they will not forcefully open closed containers to inventory the contents without first obtaining the owner's consent or a search warrant.¶ 4.. Any valuables located during the inventory process shall be listed in a property receipt. Loose items of value shall be held on behalf of the owner of the valuables. Valuables not easily moved by the officer, i.e., locked tool chest, suitcase, etc., or valuables affixed to the vehicle, i.e., car stereo, compact disc player, etc., may be left within the vehicle for safekeeping; however, they must be listed on the inventory. If the vehicle's owner or custodian is not available, a copy of the property receipt must be placed in a conspicuous location in the vehicle.$ 5.. Whenever a person, arrested from a vehicle, will be transported from t identify and/or contact someone to come to the scene and take custody of the animal. If this is not feasible the animal shall._ be taken._ to the Humane_Society__for safekeeping. At no time shall an animal be left in a vehicle at time of tow or left in the tow driver's possession unless these arrangements were made in advance by the vehicle operator and tow company. (Ord. 2004- § , 2004) D Prisoner's personal property. _..._ . 1. Deputies must inventory all valuables in the possession of a prisoner taken into custody and an itemized list of the inventory shall be documented on a property page whenever: a. The prisoner will be either placed in a secure holding room or transported in the secure portion of a police vehicle; or b. Custody of the prisoner will be transferred to another law enforcement agency, correctional facility, or treatment facility. 2. Inventories of the personal property in the possession of the prisoner shall be conducted according to the following procedures: a. An inventory will be completed prior to placing the prisoner into a holding room or a police vehicle, whichever occurs first. However, if reasonable suspicion to believe that the safety of either the officer or the prisoner, or both, is at risk, an inventory will be completed as soon as safely practicable prior to the transfer of custody to another law enforcement agency or facility. b. To complete the inventory of the prisoner's personal property, the officer will remove all items of personal property from the clothing worn by the prisoner. In addition, the officer will remove all items or personal property from all open containers in the possession of the prisoner. 3. A closed container in the possession of a prisoner will have its contents inventoried only when: a. The prisoner is allowed to retain the closed container while in the secure portion of a custodial facility, police vehicle or secure holding room; b. The prisoner requests that the closed container be with them in the secure portion of a police vehicle or a secure police holding room; or c. The closed container is designed for carrying money and/or small valuables on or about the prisoner and for which the prisoner claims as his or her own, i.e., closed purses, closed coin purses, closed wallets, closed fanny packs, etc. 4. All items of personal property not left with the prisoner, or with the facility or agency accepting custody of the prisoner, shall be handled in the following manner: a. A property receipt shall be prepared listing the property to be retained by the Sheriff's office. b. A copy of the receipt must be given to the prisoner upon release to the accepting enforcement agency, correctional facility, or treatment facility. 5. All personal property not immediately released to the prisoner in custody, or dealt with as provided in DCC 10.24.070(4), shall be released to the facility or agency accepting custody of the prisoner so that they may: a. Hold the property for safekeeping on behalf of the person in custody; and b. Prepare and deliver a receipt for any valuable held on the prisoner's behalf. (Ord. 98-045 § 2, 1998) Chapter 10.24 3 (12/2004) { Deleted: B Page 2: [1] Deleted Unknown A. Vehicles. 1. The contents of all seized vehicles must be inventoried and an itemized list of the valuables shall be documented on a property page. The inventory shall be conducted prior to the vehicle's release to a towing company except under the following circumstances: a. If there is reasonable suspicion to believe that the safety of either the officer or any other person is at risk, a required inventory will be done as soon as safely practicable; or b. If the vehicle is being seized for evidentiary purposes in connection with the investigation of a criminal offense, the inventory will be done after the investigation is completed. 2. Inventories of seized vehicles shall be conducted according to the following procedure: a. An inventory of personal property and the contents of open containers located throughout the passenger and engine compartments of the vehicle including, but not limited to, accessible areas under the dashboard, in unlocked glove box(es), hatchbacks, trunks and car -top containers, in any pockets in the doors or in the back of the front seat(s), in any console between the seats, under any floor mats and under seats. b. The inventories of locked glove box(es), trunks, hatchbacks, and car -top containers will be conducted if keys are available, or unlocking mechanisms are provided. Forced entry is prohibited without the owner's consent or a search warrant. 3. The inventory is not a search for evidence. Items should be scrutinized to the extent necessary to complete the inventory. While deputies may seize evidence or contraband located during the inventory, they will not forcefully open closed containers to inventory the contents without first obtaining the owner's consent or a search warrant. 4. Any valuables located during the inventory process shall be listed in a property receipt. Loose items of value shall be held on behalf of the owner of the valuables. Valuables not easily moved by the officer, i.e., locked tool chest, suitcase, etc., or valuables affixed to the vehicle, i.e., car stereo, compact disc player, etc., may be left within the vehicle for safekeeping; however, they must be listed on the inventory. If the vehicle's owner or custodian is not available, a copy of the property receipt must be placed in a conspicuous location in the vehicle. 5. Whenever a person, arrested from a vehicle, will be transported from the scene in custody, the person's containers located in the vehicle and designed to contain money or valuables, i.e., purses, coin purses, wallets, fanny packs, etc., shall be taken as prisoner's property.