GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: TRAFFIC OPERATIONS
TITLE: TOWING OF VEHICLES
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
Embedded Files
TOWING OF VEHICLES
502.1 PURPOSE AND SCOPE
This policy provides guidance related to vehicle towing. Nothing in this policy shall require a member of this department to tow a vehicle.
502.2 POLICY
The Lincoln Police Department will tow vehicles when appropriate and in accordance with the law.
Please note that this policy does not limit an Officer's ability to search a motor vehicle if there is probable cause to believe that contraband or evidence of a crime is present. Additionally, searches can be conducted if they are incident to a lawful arrest or if an Officer has a reasonable suspicion that a threat to the safety of any Officer, wrecker service personnel, and/or the general public exists. In such cases, a brief inspection of the passenger compartment may be necessary to eliminate the threat and/or the officer's suspicion.
approve, when appropriate, the release of the vehicle.
502.3 REMOVAL OF VEHICLES DUE TO HAZARD
When a vehicle should be towed because it presents a hazard, the owner or operator should arrange for the towing. Department members may assist by communicating requests through Communications to expedite the process.
If the owner or operator is unable to arrange for towing and the vehicle presents a hazard, the vehicle may be towed at the direction of the department member (Ala. Code § 32-13-2; Ala. Code § 32-5A-139).
Vehicles that are not the property of the City should not be driven by department members unless it is necessary to move the vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or comply with posted signs.
502.4 ARREST SCENES
Whenever the owner or operator of a vehicle is arrested, the arresting officer should provide reasonable safekeeping by leaving the vehicle secured and lawfully parked at the scene or, when appropriate, by having the vehicle towed, such as when the vehicle presents a traffic hazard or the vehicle would be in jeopardy of theft or damage if left at the scene (Ala. Code § 32-13-2; Ala. Code § 32-5A-139).
Officers are not required to investigate whether alternatives to towing a vehicle exist after an arrest. When considering whether to leave a vehicle at the scene, officers should take into consideration public safety as well as the reasonable safety of the vehicle and its contents.
The following are examples of situations where a vehicle may not be towed:
The vehicle can be legally parked, left in a reasonably secure and safe location, and is not needed as evidence.
The vehicle is parked on private property, on which the arrestee or owner is legally residing, or the property owner does not object to the vehicle being parked at that location.
The arrestee or owner of the vehicle requests that it be released to a person who is present, willing, and able to legally take control of the vehicle.
The vehicle is legally parked, and the arrestee or owner requests that it be left at the scene. In such cases, the requester should be informed that the Department will not be responsible for theft or damages.
502.5 VEHICLES RELATED TO CRIMINAL INVESTIGATIONS
Officers should tow vehicles that are needed for the furtherance of an investigation or prosecution of a case, or that are otherwise appropriate for seizure as evidence. Officers should make reasonable efforts to return a recovered stolen vehicle to its owner rather than have it towed, so long as the vehicle is not needed for evidence (Ala. Code § 32-13-2; Ala. Code § 32-5A-139).
An "Investigative Hold" may be placed on any vehicle impounded for evidence for such a period of time necessary to complete evidence collection.Investigative Holds, on vehicles, must be approved by a Supervisor / Officer-In-Charge, Watch Commander, Criminal Investigator, Traffic Homicide Investigator, or by a member of the Lincoln Police Department Command Staff.
Investigating Officers shall complete their investigation, of the vehicle in a timely manner, and shall confirm, with the wrecker service, that the "HOLD" is released, to permit the vehicle's release to the owner.
In any event that an "Investigative Hold" is placed on a vehicle, the cause for such hold shall be documented in the Incident / Offense Report narrative.
502.6 RECORDS
Pertinent data regarding a towed vehicle shall be promptly entered into the appropriate database.
502.6.1 VEHICLE STORAGE REPORT
Members towing a vehicle shall complete a vehicle tow report. The report should be submitted to the on-duty supervisor for review as soon as practicable after the vehicle is towed.
502.7 TOWING SERVICES
Members shall not show preference among towing services that have been authorized for use by the Department. A rotation or other system established by the Department and the City of Lincoln for tow services should be followed.
502.8 VEHICLE INVENTORY
These inventory procedures are for the purpose of protecting the vehicle owner's property, providing for the safety of department members, and protecting the Department against fraudulent claims of lost, stolen, or damaged property.
The contents of all vehicles towed at the request of department members shall be inventoried and listed on the inventory report. When reasonably practicable, photographs may be taken to assist in the inventory.
(a) 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 any unlocked glove box, other accessible areas under or within the dashboard area, 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.
(b) 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 any other type of unlocked compartments that are a part of the vehicle, including unlocked vehicle trunks and unlocked car-top containers.
(c) Any locked compartments should be inventoried, provided the keys are available and released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle.
(d) All closed containers, found within the vehicle, shall be opened for purposes of the inventory. Closed and locked containers shall not be forced open but shall be logged on the Vehicle Inventory Report as such. If a key, or lock combination, is available, locked containers may be opened and inventoried.
Inventories should be performed, prior to the release of physical custody of a motor vehicle, to the wrecker service, or, if circumstances and/or conditions dictate, at an alternate location, where it can be done safely and effectively. In the event an alternate location must be used, visual contact with the motor vehicle, by means of a single officer, or a combination of officers, shall be maintained until the completion of the inventory, in a manner consistent with protecting the integrity of the chain of custody.
Members should ask the occupants whether the vehicle contains any valuables or hazardous materials. Responses should be noted in the inventory report. If the occupant acknowledges that any closed container contains valuables or hazardous material, the container shall be opened and inventoried. When practicable and appropriate, such items should be removed from the vehicle and given to the owner or booked into property for safekeeping.
Any cash, jewelry, or other small valuables located during the inventory process will be held for safekeeping in accordance with the Forensic Unit Policy. A copy of the property receipt form should be given to the person in control of the vehicle or, if that person is not present, left in the vehicle.
A copy of the vehicle inventory will be given to the tow truck operator.
Towing a vehicle in order to perform an inventory should not be used as a pretext for an evidence search. Nothing in this policy prevents the towing of a vehicle that would occur for reasons independent of any suspicion that the vehicle may contain evidence if it is otherwise justified by law or this policy.
502.8.1 PROPERTY CONTROL
All items, determined to be of value, shall be itemized on the Vehicle Inventory Form; however, it is commonly accepted that vehicles contain numerous personal items; therefore, no requirement is made that these items be individually listed, instead, they may be documented under "catch-all" terms (i.g. Miscellaneous Personal Items, Miscellaneous Clothing, Miscellaneous Documents, etc.).
Items determined to be of exceptionally high value may be logged into evidence, and stored for safekeeping, at the Lincoln Police Department, if authorized by the Supervisor / Officer-In-Charge.
(a) These items will be listed on the Vehicle Inventory Form with a notation that they are located at the Lincoln Police Department.
(b) If an Incident / Offense Report has been completed, the items shall be listed on the Incident / Offense Report. If the incident related to the impoundment does not require an Incident / Offense Report to be completed, an Incident / Offense Report shall be completed for "Safekeeping of Property".
(c) The items shall be logged into Evidence in the Lincoln Police Department's Records Management System, and the notation shall reflect that the items are being stored for safekeeping.
502.9 VEHICLE INVENTORY FORM
Officers shall complete the Vehicle Inventory Form, authorized by the Lincoln Police Department, on each incident in which a motor vehicle is:
(a) Impounded due to the arrest of the driver/owner;
(b) Impounded as a recovered stolen vehicle or vehicle used in the facilitation of a major crime (unless forensic processing is requested, at which time it shall be noted that only a visual inventory could be completed);
(c) Towed from, a public roadway, as a traffic hazard, if the driver/owner of the vehicle is not present to assume custody of his / her personal property;
(d) Towed pursuant to the abandoned vehicle Alabama State Statute and/or City of Lincoln Municipal Ordinance;
(e) Impounded in connection with a criminal investigation;
(f) Impounded, based on any of the following statuses or restrictions, of the operator's driving privilege, under the laws of the State of Alabama or any other state (§32-6-19(b) and §32-5A-191.4(k)(1)):
Revoked, for any reason, under the laws of the State of Alabama or similar laws of any other state or territory.
Suspended as a consequence of a DUI-Related Offense, including, but not limited to:
(a) Being adjudicated delinquent, or a youthful offender, based on a DUI-Related Offense.
(g) Suspended as a result of failure to comply with the Implied Consent Law of the State of Alabama, or laws of another state, or:
Who has been adjudicated a delinquent child, or a youthful offender, based on an offense that, if the person had been an adult, would have been a conviction of driving under the influence of a controlled substance or alcohol or failure to comply with the Implied Consent Law.
(h) Any violation of the State of Alabama Ignition Interlock Device Law.
Case Number(s) to be Assigned
When a motor vehicle is Impounded, the following types of Case Numbers shall be applied on the Vehicle Inventory Form:
(a) LPD Arrest Report Case Number:
On-View Arrest(s); or
Warrant Arrest(s) for LPD Warrants
(b) Miscellaneous Number
Whenever the owner/operator is separated from the vehicle due to another agency's arrest warrant; or
When the Impoundment is based on the License Status / Restrictions of the operator.
(a) The Citation Number shall also be included.
Vehicle Inventory Form Not Required
(a) A vehicle inventory, and the subsequent completion of the Vehicle Inventory Form, shall not be required when motor vehicles are towed from the scene of a motor vehicle collision, as this does not normally involve custody of the motor vehicle by Officers of the Lincoln Police Department.
Incident / Offense Report to be Completed
An Alabama Uniform Incident / Offense Report shall be generated, for the impoundment of a motor vehicle when based solely on one of the following:
(a) Motor vehicles which are recovered/seized for another Law Enforcement Agency for any reason; or
(b) Motor vehicles declared abandoned, based on Alabama State Statute or the City of Lincoln Municipal Ordinance
Motor Vehicle Collisions
(a) Vehicles may be impounded if the vehicle is needed for purposes of the investigation following a motor vehicle collision.
This shall only be done at the direction of a member of the Lincoln Police Department Traffic Homicide Unit, a Supervisor / Officer-In-Charge, or a Criminal Investigator.
(b) Following motor vehicle collisions, an officer may request the towing of a motor vehicle if:
The motor vehicle is disabled or inoperable on the roadway; or
The operator is unwilling or unable to take charge of the vehicle; or
The vehicle is located, positioned, and/or damaged in a manner that would cause alarm to the public, which could result in additional calls for service; or
The vehicle is located in such a manner as to cause a hazard; or
When a vehicle, because of faulty equipment or damage, is determined to be a hazard if operated.
Impoundment for Forfeiture
Officers may impound a motor vehicle with the intent of initiating forfeiture proceedings when the vehicle is utilized, in the commission, or furtherance, of a crime, as specified by United States Federal Law and/or Alabama State Statute. (Reference: Asset Forfeiture Policy)
(a) Officers shall obtain approval, from a supervisor, before initiating forfeiture proceedings and shall follow forfeiture procedures as provided by the Lincoln Police Department.
Impoundment Prohibited
Motor vehicles shall not be impounded for purposes other than those defined by United States Federal Law, Alabama State Statute, or the City of Lincoln Municipal Ordinance (e.g., not as a form of punishment or as a means of conducting vehicle searches when probable cause does not exist, or consent to search cannot be obtained.)
502.10 INVENTORY OF IMPOUNDED VEHICLE
All vehicles towed or impounded by officers of the Lincoln Police Department shall be inventoried on the Vehicle Inventory Sheet. This shall be accomplished without delay for the protection of the property of the offender and to afford the City of Lincoln maximum protection against Civil Liability claims.
(a) The following criteria shall be met prior to the towing of vehicles:
When traffic hazards exist, the vehicle may be towed, and an incident/offense report giving details of the circumstances shall be prepared and a case number assigned. A photo of the vehicle displaying the traffic hazard should be attached to the incident/offense report when possible.
Abandoned motor vehicles are defined in State Code 32-13-1(c)(a). Unattended vehicles shall not be towed as"abandoned" unless they meet the criteria of abandonment in the definition cited above. Officers called to investigate vehicles left unattended on private property shall check the vehicle for stolen reports and inform the property owner about their right to have the vehicle removed.
Vehicles may be towed from the scene of a crash should they present a traffic hazard or obstruction.
A vehicle may be towed if the driver has been arrested. If the vehicle is to be held for further investigation, the procedure outlined under Investigative Holds below shall be followed.
If the vehicle is a recovered stolen vehicle, the recovery shall be reported on a Supplement Report under the original case number. If the vehicle was stolen outside Lincoln but is recovered within the city limits, then it will be reported on an Incident/Offense Report.
An officer impounding a vehicle for investigative purposes (investigative hold) shall prepare an Incident/Offense Report providing details of the case. The victim on the Incident/Offense Report shall be the "City of Lincoln," and the offense shall be "Impounded for investigation." Supervisors shall not authorize impoundment probable cause unless the fact that a vehicle is stolen can be clearly established.
Special Instructions in the instance a driver is charged with a misdemeanor traffic violation, including driving while license revoked or suspended, shall not be taken into full custody unless he/she refuses to provide required information and/or sign the HAND WRITTEN Uniform Traffic Citation. D.U.I. offenders shall be subjected to full custodial arrest, and vehicles during these cases may be towed. Drivers shall be handled in the same manner unless involved in an accident where serious injury or death occurs (Morton v State of Alabama - 1985).
All officers shall denote the information on arrest reports relative to vehicles.
502.11 SECURITY OF VEHICLES AND RETRIEVAL OF PROPERTY
If the search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, the department member conducting the search shall take such steps as are reasonably necessary to secure or protect the vehicle or property from such hazards.
Unless it would cause an unreasonable delay in towing the vehicle or create an issue of officer safety, reasonable accommodations should be made to permit the owner, operator or occupant to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband.
Members who become aware that a vehicle may have been towed by the Department in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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