When a motor vehicle is impounded by a motorist who is not under arrest, can the driver of the vehicle provide for its custody?

California, United States of America


The following excerpt is from People v. Adams, 2d Crim. No. B259870 (Cal. App. 2016):

exception did not apply where person in charge of vehicle was not under arrest and not given opportunity to provide for its custody]; State v. Lizee (Vt. 2001) 783 A.2d 445, 448 ["In determining whether impoundment was necessary, courts have focused on whether reasonable alternatives were available, such as whether 'the vehicle can be parked and locked without obstructing traffic or endangering the public,' . . . whether the driver could make alternative arrangements to have the vehicle moved . . . , and whether the owner was under arrest or otherwise incapable of driving the vehicle"].)

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