LAPD Gives In to Auto Impound Issue

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http://www.latimes.com/news/local/la-me ... california
From the Los Angeles Times
L.A. police to stop impounding cars of unlicensed drivers

By Richard Winton
Times Staff Writer

3:40 PM PDT, August 28, 2007

The Los Angeles Police Department has imposed a moratorium on impounding the vehicles of unlicensed drivers based on advice from the city attorney that such a practice may be unconstitutional.

The decision touches on what has long been a hot-button issue, because many unlicensed drivers who have their cars towed are illegal immigrants who cannot get driver's licenses.

Immigrant-rights groups and some legislators for years have sought legislation granting illegal immigrants some form of a driver's license -- but the bills have been repeatedly rejected, most recently by Gov. Arnold Schwarzenegger.

In a memo to all commanding officers, Assistant Chief Earl Paysinger directed that police cease the practice of impounding vehicles in stops where the only offense is driving without a license.

Such drivers will continue to be cited, but the vehicle can be impounded only if it cannot be driven away by licensed driver or parked and secured legally.

The temporary moratorium, according to Paysinger, will remain in place until the LAPD "receives clarification" from the city attorney's office on the November 2005 decision by U.S. 9th Circuit Court of Appeals involving an Oregon case of impounding. L.A. City Councilman Jose Huizar last month called on city lawyers to examine the Oregon case.

The Los Angeles County Sheriff's Department is continuing to impound unlicensed drivers' vehicles.

According to law enforcement sources, task forces such as one targeting the Sunset Strip now rely on state officers to impound unlicensed drivers' vehicles.

In contrast to the recently issued LAPD memo, the Alameda County district attorney's office analyzed the Oregon case and advised law enforcement there to continue to impound vehicles driven by unlicensed drivers.





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