Vehicle Impoundment and the Community Caretaking Doctrine: Just Because You Can Do Something, Doesn’t Mean You Should

By Robert Phillips 
Deputy District Attorney (ret.) 

Legal Concepts

• The community caretaking doctrine and impounding vehicles
• Inventory searches done as a result of an illegal vehicle impoundment

Rule: Despite various Vehicle Code statutory provisions allowing for the impoundment of a motor vehicle, a vehicle may not be impounded absent compliance with the community caretaking doctrine. The community caretaking doctrine dictates that a vehicle may not be impounded unless it is parked illegally, blocking traffic or passage, or stands at risk of theft or vandalism.

Summary: The defendant was stopped for driving over a sidewalk that traversed a gas station parking lot without stopping. When stopped, the defendant legally parked his minivan where it was not obstructing traffic. Upon contacting the defendant, an officer determined that his driver’s license was suspended. Despite only intending to cite and release the defendant, the officer impounded his vehicle as allowed by the Vehicle Code (see Veh. Code §§ 22651(p) and 14602.6(a)(1)), primarily to prevent the defendant from reoffending as soon as the officer released him.

Upon conducting an impound inventory search, the officer recovered drugs and evidence of the sales of such drugs. This led to the obtaining of a search warrant to search ....