Impounding Vehicles on Driveways

IMO -- the 99% rule should be that you should not impound a vehicle on a driveway.

There are, of course, exceptions -- like maybe it was involved in a hit and run -- and it is therefore evidence of a crime -- but even then I would be careful -- and get a warrant if possible.

OK -- here is an interesting case on this issue.

An officer sees a car being driven way too slowly and rather poorly on a residential street.

The officers sees traffic offenses, so he turns on his lights.

The driver pulls into a driveway.

It turns out that the driver was a little old lady trying to learn how to drive and being "helped" by her husband, who is a licensed driver. Unfortunately, the driver, Mrs Miranda, has no license.
For no apparent reason the officer throws the book at Mrs. Miranda giving her tickets and then impounding her car under a local ordinance permitting the impoundment of any car where the driver is not licensed.

The Mirandas sued -- and the 9th Circuit ruled that officers may only seize cars on driveways under the community caretaking doctrine. That certainly didn't apply here.

BTW -- Section 1983 does not give a hoot about a local ordinance that commands that you seize a vehicle. Remember you can't use a local ordinance or statute as a defense to a Section 1983 action / Constitutional violation.

It is poor judgment like that above that ends up costing every officer their powers.

A word to wise should suffice.

Best -

DA