Ord 2138 - Procedures Invent WPD
COUNCIL BILL NO. 1605
ORDINANCE NO. 2138
AN ORDINANCE GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR
INVENTORY SEARCHES BY THE WOODBURN POLICE DEPARTMENT AND
DECLARING AN EMERGENCY.
WHEREAS, the Council finds that when a Woodburn police officer takes a
person into custody or impounds a vehicle it is necessary to make an inventory of the
property found in the possession of the person and inventory the property in the
vehicle, and
WHEREAS, these inventory searches are necessary to: locate weapons and
instruments that facilitate escape; locate toxic substances, flammables and
explosives; identify property to establish accountability and avoid spurious claims of
ownership of that property; assist in the prevention of theft of property and the
location and identification of stolen property; and reduce the danger to persons and
property, and
WHEREAS, the Council believes it necessary, in order to comply with recent
court decisions such as State v . Custer, 126 Or App 431, 868 P 2d 1363 (1994), to
pass this ordinance specifically granting authority for Woodburn police officers to
conduct inventory searches; and
WHEREAS, this ordinance grants authority for Woodburn police officers to
conduct inventory searches and establishes a systematic procedure so that the
inventory involves no exercise of discretion, by the law enforcement personnel
directing or taking the inventory, and
WHEREAS, this ordinance establishes this authority and procedure for
inventory searches legislatively, based upon the City of Woodburn's powers and home
rule authority, but is not intended to limit or restrict, and does not limit or restrict, any
other legal bases for a search which presently exist or may hereinafter be found to
exist; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Puroose. This ordinance is meant to exclusively apply to the
process for conducting an inventory of the personal property in an impounded vehicle
and the personal possessions of a person in police custody and shall not be interpreted
to affect any other statutory or constitutional right that police officers may employ to
search persons or search or seize possessions for other purposes.
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COUNCIL BILL NO. 1605
ORDINANCE NO. 2138
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Section 2. Definitions. For the purpose of this ordinance, the following
definitions shall apply:
(AI "Valuables" means:
1. Cash in an aggregate amount of $50.00 or more; or
2. Individual items of personal property with a value of over $500.00.
(B) "Open container" means a container which is unsecured or incompletely secured
in such a fashion that the container's contents are exposed to view.
(C) "Closed container" means a container whose contents are not exposed to view.
(D) "Police custody" means either:
1. The imposition of restraint as a result of an 'arrest' as that term is defined
in ORS 133.005(1);
2. The imposition of actual or constructive restraint by a police officer
pursuant to a court order;
3. 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.
IE) "Police officer" means any peace officer, as defined by ORS 133.005 (31 who
is employed by the Woodburn Police Department.
Section 3. Inventories of ImDounded Vehicles.
(AI 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.
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ORDINANCE NO. 2138
(B) The purposes for the inventory of an impounded vehicle are:
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 trucks 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. Unless otherwise provided in this ordinance, closed containers located either
within the vehicle or any of the vehicle's compartments will not be opened for
inventory purposes.
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
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ORDINANCE NO. 2138
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vehicle or tendered to the person in control of the vehicle if such person is
present.
Section 4. Inventories of Persons in Police Custodv.
(A) A police officer shall inventory the personal property in the possession of a
person taken into police custody and said inventory will occur:
1. At the time of booking; or
2. At the time custody of the person is transferred to another law enforcement
agency, correctional facility, or "treatment facility" as that phrase is used in
ORS 426.460 or such other lawfully approved facility for the involuntary
confinement of persons pursuant to Oregon Revised Statute.
(B) The purposes for the inventory of a person in police custody are:
1. To promptly identify property to establish accountability and avoid spurious
claims to property;
2. To fulfill the requirements of ORS 133.455 to the extent that such statute
may apply to certain property held by the police officer for safekeeping;
3. To assist in the prevention of theft of property;
4. To locate toxic, flammable or explosive substances;
5. To locate weapons and instruments that may facilitate an escape from
custody or endanger law enforcement personnel; and
6. To reduce the danger to persons and property.
(C) Inventories of the personal property in the possession of such persons shall be
conducted according to the following procedures:
1. An inventory shall occur at the time of booking. However, if reasonable
suspicion exists to believe that the safety of either the police officer or the
person in custody or both are at risk, an inventory will be done as soon as
safely practical prior to the transfer of custody to another law enforcement
agency or facility.
2. To complete the inventory of the personal property in the possession of
such person, the police officer shall remove all items of personal property from
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COUNCIL BILL NO. 1605
ORDINANCE NO. 2138
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the clothing worn by such person. In addition, the officer will also remove all
items of personal property from all open containers in the possession of such
person.
3. A closed container in the possession of such person will have its contents
inventoried only when:
a. the closed container is to be placed in the immediate possession of
such person at the time that person is placed in the secure portion of a
custodial facility, police vehicle or secure police holding room;
b. such person 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 person including, but not limited to, closed
purses, closed coin purses, closed wallets and closed fanny packs.
(0) Valuables found during the inventory process shall be noted by the police
officer in a report.
(E) All items of personal property not left in the immediate possession of the person
in custody nor left with the facility or agency accepting custody of the person shall
be handled by preparing a property receipt listing the property to be retained in the
possession of the police department. A copy of that receipt will be tendered to the
person in custody when such person is released to the facility or agency accepting
custody of such person;
(F) All items of personal property not left in the immediate possession of the person
in custody nor dealt with as provided in section 4(E) above, will be released to the
facility or agency accepting custody of the person so that they may:
1. Hold the property for safekeeping on behalf of the person in custody, and
2. Prepare and deliver a receipt, if required by ORS 133.455, for any valuable
held on behalf of the person in custody.
Section 5. The Council declares that an emergency exists because recent
decisions of the Oregon Court of Appeals and Supreme Court demand that procedures
for inventory searches be mandated by an appropriate legislative bOdy; therefore, this
ordinance shall be in full force and effect from and after its passage by the Council
and approval by the Mayor.
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Council Bill No. 1605
Ordinance No. 2,138
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Approved as to formJl ~~~
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fYl~'~
Mary"tennant, City Recorder
City of Woodburn, Oregon
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Council Bill No. 1605
Ordinance No. 9../3ff
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