Iowa Admin. Code r. 661-6.2

Current through Register Vol. 47, No. 5, August 21, 2024

Rule 661-6.2 - Vehicles which may be impounded immediately

(1) Vehicles which an officer has reason to believe are wrongfully possessed by the person then having control of such vehicles or on which the vehicle identification number or the identification numbers of any component part have been altered or defaced, or on which an attempt to alter or deface has been made.

(2) Vehicles which are involved in an accident when immediate impoundment is necessary:

a. To preserve evidence which will be used in an administrative or judicial proceeding; or

b. To protect the vehicle from theft or further damage when the driver or owner is unavailable or incapable to give consent to such impoundment or make other arrangements for the vehicle; or

c. To prevent further accidents when the vehicle is so situated as to appear to constitute a hazard to traffic.

(3) Vehicles which an officer has probable cause that the vehicle is being used to transport contraband.

(4) Vehicles involved in a person's death when the medical examiner or a peace officer determines:

a. That seizure is necessary to secure evidence needed in the investigation, including but not limited to an investigation of the cause and manner of death.

b. That circumstances indicate the vehicle may be removed or tampered with before written authorization for its impoundment can be obtained, or that written authorization for impoundment has been refused or is impracticable.

c. That the vehicle is situated on a public highway in such a manner that it may constitute a hazard to traffic.

(5) Vehicles under the control of a person at the time of arrest:

a. If the arrested person's vehicle reasonably appears to a peace officer to constitute a traffic hazard if it remains where it is situated at the time of arrest and the arrested person is unwilling or unable to have it moved; or

b. If the vehicle is not capable of legal operation or the vehicle is not legally parked under state or local code or ordinance; or

c. To preserve evidence which will be used in an administrative or judicial proceeding; or

d. To protect the vehicle from theft or further damage when the driver or owner is unavailable or incapable to give consent to such impoundment or make other arrangements for the vehicle.

(6) Vehicles positioned upon a public highway in such a manner that may constitute a hazard to traffic.

Iowa Admin. Code r. 661-6.2

Amended by IAB December 4, 2019/Volume XLII, Number 12, effective 1/8/2020