14C.10.020 Definitions.
For the purpose of this Chapter, the following definitions shall
apply:
A. "Valuables" means:
1.
Cash money of an aggregate amount of $50 or more; or
2. Individual items of personal property with a value of $500 or
more.
B. "Open container" means a container which is unsecured or incompletely
secured in such a fashion that the container’s contents are exposed to view.
C. "Closed container" means a container whose contents are not exposed to
view.
D. "Police custody" means either:
1.
The imposition of restraint as a result of an ‘arrest’ as that term
is defined at ORS 133.005(1);
2. The imposition of actual or constructive restraint by a police
officer pursuant to a court order;
3. The imposition of actual or constructive restraint by a police
officer pursuant to ORS Chapter 430, or Chapter 419B; or
4. The imposition of actual or constructive restraint by a police
officer for purposes of taking the restrained person to an approved facility
for the involuntary confinement or detaining of persons pursuant to Oregon
Revised Statute or this Code.
E. "Police officer" means any police officer employed or acting at the
direction of or in collaboration with the Portland Bureau of Police and any
officer of the Port of Portland Police Department.
14C.10.030 Inventories of Impounded Vehicles.
A. The contents of all vehicles impounded by a police officer will be
inventoried. The inventory shall be conducted before constructive custody of the
vehicle is released to a third-party towing company except under the following
circumstances:
1.
If there is reasonable suspicion to believe that the safety of
either the police officer(s) or any other person is at risk, a required
inventory will be done as soon as safely practical; or
2. If the vehicle is being impounded for evidentiary purposes in
connection with the investigation of a criminal offense, the inventory will be
done after such investigation is completed.
B. The purpose for the inventory of an impounded vehicle will be
to:
1.
Promptly identify property to establish accountability and avoid
spurious claims to property;
2. Assist in the prevention of theft of property;
3. Locate toxic, flammable or explosive substances; or
4. Reduce the danger to persons and property.
C. Inventories of impounded vehicles will be conducted according to the
following procedure:
1. An inventory of personal property and the contents of open
containers will be conducted throughout the passenger and engine compartments
of the vehicle including, but not limited to, accessible areas under or within
the dashboard area, in any pockets in the doors or in the back of the front
seat, in any console between the seats, under any floor mats and under the
seats;
2. In addition to the passenger and engine compartments as described
above, an inventory of personal property and the contents of open containers
will also be conducted in the following locations:
a. Any other type of unlocked compartments that are a part of the
vehicle including, but not limited to, unlocked vehicle trunks and unlocked
car- top containers; and
b. Any locked compartments including, but not limited to, locked
vehicle trunks, locked hatchbacks and locked car-top containers, if either
the keys are available to be released with the vehicle to the third-party
towing company or an unlocking mechanism for such compartment is available
within the vehicle.
3. Unless otherwise provided in this Chapter, closed containers
located either within the vehicle or any of the vehicle’s compartments will
not be opened for inventory purposes.
4. Upon completion of the inventory, the police officer will complete a
report as directed by the Chief of such officer’s department.
5. Any valuables located during the inventory process will be listed on
a property receipt. A copy of the property receipt will either be left in the
vehicle or tendered to the person in control of the vehicle if such person is
present. The valuables will be dealt with in such manner as directed by the
Chief of the police officer’s department.
14C.10.040 Inventories of Persons In Police Custody.
A. A police officer will inventory the personal property in the
possession of a person taken into police custody and such inventory will be
conducted whenever:
1.
Such person will be either placed in a secure police holding room or
transported in the secure portion of a police vehicle; or
2. Custody of the person will be transferred to another law enforcement
agency, correctional facility, or "treatment facility" as that phrase is used
in ORS 426.460 or such other lawfully approved facility for the involuntary
confinement of persons pursuant to Oregon Revised Statute.
B. The purpose of the inventory of a person in police custody will be
to:
1.
Promptly identify property to establish accountability and avoid
spurious claims to property; or
2. Fulfill the requirements of ORS 133.455 to the extent that such
statute may apply to certain property held by the police officer for
safekeeping; or
3. Assist in the prevention of theft of property; or
4. Locate toxic, flammable or explosive substances; or
5. Locate weapons and instruments that may facilitate an escape from
custody or endanger law enforcement personnel; or
6. Reduce the danger to persons and property.
C. Inventories of the personal property in the possession of such persons
will be conducted according to the following procedures:
1.
An inventory will occur prior to placing such person into a holding
room or a police vehicle, whichever occurs first. However, if reasonable
suspicion to believe that the safety of either the police officer(s) or the
person in custody or both are at risk, an inventory will be done as soon as
safely practical prior to the transfer of custody to another law enforcement
agency or facility.
2. To complete the inventory of the personal property in the possession
of such person, the police officer will remove all items of personal property
from the clothing worn by such person. In addition, the officer will also
remove all items of personal property from all open containers in the
possession of such person.
3. A closed container in the possession of such person will have its
contents inventoried only when:
a.
The closed container is to be placed in the immediate possession
of such person at the time that person is placed in the secure portion of a
custodial facility, police vehicle or secure police holding room;
b. Such person requests that the closed container be with them in
the secure portion of a police vehicle or a secure police holding room; or
c. The closed container is designed for carrying money and/or
small valuables on or about the person including, but not limited to, closed
purses, closed coin purses, closed wallets and closed fanny packs.
D. Valuables found during the inventory process will be noted by the
police officer in a report as directed by the Chief of such officer’s
department.
E. All items of personal property neither left in the immediate
possession of the person in custody nor left with the facility or agency
accepting custody of the person, will be handled in the following manner:
1. A property receipt will be prepared listing the property to be
retained in the possession of the respective police department and a copy of
that receipt will be tendered to the person in custody when such person is
released to the facility or agency accepting custody of such person;
2. The property will be dealt with in such manner as directed by the
Chief of such officer’s department.
F. All items of personal property neither left in the immediate
possession of the person in custody nor dealt with as provided in Subsection
14.10.040 E. above, will be released to the facility or agency accepting custody
of the person so that they may:
1. Hold the property for safekeeping on behalf of the person in
custody, and
2. Prepare and deliver a receipt, as may be required by ORS 133.455,
for any valuables held on behalf of the person in
custody.