Can Law Enforcement Impound a Vehicle Solely for Unpaid Parking Citations? New Case Law Clarifies

• Impounding vehicles due solely to outstanding unpaid parking citations is unconstitutional. 
• The Community Caretaking Doctrine and impounding lawfully parked vehicles Vehicle Code § 22651(i) and the warrantless impound of vehicles 
• A graduated forfeiture process and the impoundment of vehicles

The warrantless impoundment of a vehicle for unpaid parking citations violates the Fourth Amendment. The Community Caretaking Doctrine does not provide an exception to this rule absent evidence that the vehicle in question is parked illegally, blocking traffic or passage or stands at risk of theft or vandalism. 

The deterrent effect of towing vehicles with unpaid parking citations is insufficient to bring it within the scope of the community caretaking exception. Also, the towing of cars with outstanding unpaid parking citations is not justified as a graduated forfeiture process. 

Vehicle Code § 22651(i)(1) provides statutory authority for the towing and impoundment of any vehicle “found upon a highway or public land” whenever “it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded ....