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Tow or Impound Vehicle with Obstructed VIN

Scenario

  • Vehicle legally parked on the public way.
  • Vehicle doors are locked.
  • Plates are missing or do not match vehicle.
  • Driver side front windshield VIN plate is visually obstructed.
  • No indicators (note, signage, etc) are present to provide ownership of vehicle.
  • No person present at scene to confirm ownership of vehicle or provide access to the interior of vehicle.

The Question

  • Can you tow/impound the vehicle for confidential VIN check?

Comments

  • Directives state you have to include the key or key fob with the tow report, which is not applicable since no one can provide this in this scenario.
  • Tow or Impound Report
    • Either report can be used, unknown which is the correct report
      • There has been instances of successful vehicle removals utilizing either Impound or Tow Report, check with your district's operating procedure
    • Possible statute MCC 9-76-160(a)(7) - It is unlawful for any person, in an effort to hinder a peace officer from obtaining the registration or plate number for the enforcement of a violation of the Illinois Vehicle Code … or to knowingly cause such plate to be obstructed …
      • Must include specific articulable facts evidencing a specific effort to hinder a peace officer from obtaining the plate number
      • Special Order S07-03-05
    • Narrative should also include applicable portion of Special Order S07-03-05
  • Case Reporting
    • Still is a question as to the need of documenting this on a Case Report
      • I personally would document this on a case report, so it can be digitally searched, where as an Impound/Tow Report is still on paper.
    • Possible IUCR's
      • 5002 - Other Crimes Involving a Motor Vehicle - Other Offense - Other Vehicle Offense