(a)It is unlawful for a peace officer or an unauthorized person to remove an unattended vehicle from a highway to a garage or to any other place, except as provided in this code.
(b)Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of the California Constitution, and shall be
reasonable and subject to the limits set forth in Fourth Amendment jurisprudence. A removal pursuant to an authority, including, but not limited to, as provided in Section 22651, that is based on community caretaking, is only reasonable if the removal is necessary to achieve the community caretaking need, such as ensuring the safe flow of traffic or protecting property from theft or vandalism.
(c)Those law enforcement and other agencies identified in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal.
(d)This section does not prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction.
Notes of Decisions
Penilla v. Westmont Corp., 3 Cal. App. 5th 205 (Cal. Ct. App. 2016).
“5), illegal towing (Veh. Code, § 22650 et seq.), intentional infliction of emotional distress, intentional interference with property rights, trespass to land, invasion of privacy (Cal.”
People ex rel. Renne v. Servantes, 86 Cal. App. 4th 1081 (Cal. Ct. App. 2001).
“3 Vehicle Code section 22658 provides a private right of action for the owner of the towed vehicle. A private property owner who causes the removal of a vehicle without complying with statutory requirements is liable to the vehicle owner for double the towing and storage charges…”
Hupp v. City of Walnut Creek, 389 F. Supp. 2d 1229 (N.D. Cal. 2005).
“Officer Rebello then arranged for the towing and storage of plaintiffs truck pursuant to Cal. Veh.Code §§ 22650 and 22850. Plaintiff was taken before a magistrate, arraigned on the charges in the citation and released.”
People v. Andrews, 6 Cal. App. 3d 428 (Cal. Ct. App. 1970).
· cites it 2× “[1] It is to the "inventory" concept that we now direct our discussion. There is little doubt that law enforcement authorities under certain conditions have the right, and often the duty, to impound a motor vehicle.”
Tillison v. City of San Diego, 406 F.3d 1126 (9th Cir. 2005).
“In Tocher we held that California Vehicle Code section 22650 (requiring general compliance with the provisions of the California Vehicle Code) and section 22658.”
(PS) Andreyev v. Van, No. 2:23-cv-01403 (E.D. Cal. Jan. 5, 2024).
· cites it 2× “14 In addition, California Vehicle Code section 22650 provides as follows: 15 Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article I of 16 the California Constitution, and shall be reasonable and…”
No. 03-55939, 406 F.3d 1126 (9th Cir. 2005).
“6 In Tocher we held that California Vehicle Code section 22650 (requiring general compliance with the provisions of the California Vehicle Code) and section 22658.”
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