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CA AB2876
Bill
Status
9/20/2018
Primary Sponsor
Reginald Jones-Sawyer
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AI Summary
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Amends Vehicle Code Section 22650 to clarify that vehicle removal by peace officers is a Fourth Amendment seizure and must be constitutionally reasonable based on the specific situation.
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Establishes that removals based on community caretaking authority are only reasonable if necessary to achieve the community caretaking purpose, such as ensuring safe traffic flow or protecting property from theft or vandalism.
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Requires law enforcement and other agencies with vehicle removal authority to provide hearings and places the burden on the storing agency to establish the authority for and validity of the removal.
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Preserves the right of individuals to seek court review of vehicle removals under applicable state law.
Legislative Description
Vehicles: removal and impound authority.
Last Action
Chaptered by Secretary of State - Chapter 592, Statutes of 2018.
9/20/2018