LA Police Protective League v. City of LA

FACTS AND PROCEDURE

Two statutes governing unlicensed drivers are central to the parties’ arguments in this case. Section 14602.6 allows a peace officer to impound a vehicle when the officer determines that a person was driving the vehicle without ever having been issued a driver’s license. (§ 14602.6, subd. (a)(1) (section 14602.6(a)(1)).) And section 14607.6, subdivision (c)(1) provides: “If a driver is unable to produce a valid driver’s license on the demand of a peace officer enforcing the provisions of this code, . . . the vehicle shall be impounded regardless of ownership, unless the peace officer is reasonably able, by

1 Undesignated statutory citations are to the Vehicle Code, unless otherwise indicated.

2 other means, to verify that the driver is properly licensed.” The trial court concluded that Special Order 7 conflicted with these statutes and was therefore void. 1. Special Order 7 In Los Angeles, the Board of Police Commissioners (Board) is responsible for setting policies, and the police chief is responsible for implementing the Board’s policies. On April 10, 2012, the Board approved Special Order 7, which instructed officers when to impound vehicles driven…