The union representing LA’s rank-and-file police officers joined the mounting effort to block a controversial police impound policy by announcing Thursday it is filing a lawsuit to seek an injunction against the order.
The complaint, which names the city of Los Angeles and the Los Angeles Police Department, was prompted by concerns that the new policy, issued April 10, conflicts with state law.
The policy, Special Order No. 7, dubbed, “Community Caretaking Doctrine and Vehicle Impound Procedures-Established,” lets unlicensed drivers, including undocumented immigrants, skirt a mandatory 30-day impound rule following a traffic stop.
“The officers are in a catch-22,” said Tyler Izen, the president of the Los Angeles Police Protective League, in a statement. “We believe a review by the courts is necessary and appropriate to determine the rights and duties of not only Los Angeles police officers, but all state law enforcement officers so they may continue protecting and enhancing the safety of all Californians.”
Richard French, an LAPD spokesman, said the department had no comment on the complaint, citing policy against commenting on pending litigation.
The complaint argues that officers are preempted by state law from releasing a car driven by an unlicensed motorist before a 30-day impound period ends. It also argues that local government does not have the authority to make policy that conflicts with state law.
The complaint seeks an injunction on the new policy until a judge can clarify the law.
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The complaint also said the new policy could subject LAPD officers to potential civil liability if a driver whose car was briefly impounded under the new policy goes on to cause a serious collision. It said the policy endangers the “health, safety and welfare” of motorists and officers from the harm of unlicensed drivers who “are involved in a disproportionate number of traffic incidents.”
The claim is the second legal challenge made against the LAPD’s impound policy.
A lawsuit was filed in March by civil rights attorneys to prevent "wasteful, unlawful and unconstitutional law enforcement policies."
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