Loading...
Ord 2408 - Police Inventory Search COUNCIL BILL NO. 2636 ORDINANCE NO. 2408 AN ORDINANCE AMENDING ORDINANCE 2138, GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE WOODBURN POLICE DEPARTMENT, AND DECLARING AN EMERGENCY. WHEREAS, Ordinance 2138 grants authority and establishes procedures for inventory searches by the Woodburn Police Department; and WHEREAS, the Marion County District Attorney has requested a portion of said ordinance be revised to better conform to current criminal procedure law and to allow more effective prosecution; and WHEREAS, the City seeks to facilitate the safety and prosperity of the community through lawful police activities; and WHEREAS, the City wants to remove any unnecessary barriers to lawful police searches and investigations; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3, Ordinance 2138 is amended to read as follows: Section 3. Inventories of Impounded Vehicles. (A) The contents of all vehicles impounded by a police officer shall 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 reasonable suspicion to believe that the safety of either the police officer or another person is at risk, a required inventory shall be done as soon as safely practical; and 2. If the vehicle is being impounded for evidentiary purposes in connection with the investigation of a criminal offense, the inventory shall be done after such investigation is completed. (B) The purposes for the inventory of an impounded vehicle are: Page 1 - COUNCIL BILL NO. 2636 ORDINANCE NO. 2408 .. 1. To promptly identify property to establish accountability and avoid spurious claims to property; 2. To assist in the prevention of theft of property; 3. To locate toxic, flammable or explosive substances; and 4. To reduce the danger to persons and property. (C) Inventories of impounded vehicles shall be conducted according to the following procedure: 1 . An inventory of personal property and the contents of open containers shall 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 shall 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 such compartment is available within the vehicle. 3. An inventory shall include opening of closed containers located in the vehicle that are designed to hold valuables, including, but not limited to, backpacks, fanny packs, briefcases, laptop bags, and purses. 4. Upon completion of the inventory, the police officer shall complete a report. 5. Any valuables located during the inventory process shall be listed on a property receipt. A copy of the property receipt shall either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. Page 2 - COUNCIL BILL NO. 2636 ORDINANCE NO. 2408 .. Section 2. Declaration of Emeraency. This ordinance being necessary for the immediate preservation of the public peace, health and safety for the reason that police inventory searches are ongoing and immediate application of this ordinance is necessary to conform with the law, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~, ~/ ~ Approved as to form: tI 1.)'If- / /1 City Attorney 1 --eat Passed by the Council Submitted to the Mayor Approved by the Mayor August 16, 2006 August 16 t 2006 Filed in the Office of the Recorder August 16, 2006 ATTEST: jJ/~ LJ Mary nnant City Recorder City of Woodburn, Oregon Page 3 - COUNCIL BILL NO. 2636 ORDINANCE NO. 2408 .