V C Section 22655.5 Impounding for Evidence Lien Charges

Impounding for Evidence: Lien: Charges

22655.5.  A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the territorial limits in which the officer may act under the following circumstances:

(a) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle was used as the means of committing a public offense.

(b) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed.

(c) Notwithstanding Section 3068 of the Civil Code or Section 22851 of this code, no lien shall attach to a vehicle removed under this section unless the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicle.

(d) In any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutor may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges imposed pursuant to Section 22850.5.

(e) This section shall become operative on January 1, 1993.

Amended Ch. 1515, Stats. 1990. Effective January 1, 1991.
Repealed Ch. 1515, Stats. 1990. Effective January 1, 1991. Operative January 1, 1993.
Added Ch. 1515, Stats. 1990. Effective January 1, 1991. Operative January 1, 1993.
Amended Ch. 614, Stats. 1993. Effective January 1, 1994.
Amended Sec. 12, Ch. 1142, Stats. 1996. Effective September 30, 1996.