Serious Accident Occurs After Police Fail to Impound Vehicle Following DUI Arrest

Case Overview

This case involves a police officer who conducted a traffic stop of a car with a number of passengers who were returning from an intramural softball game after the car failed to stop at a stop sign. Upon approaching the car, the officer who conducted the traffic stop detected a strong scent of marijuana, at which point he ordered the driver out of the vehicle and initiated a search of his person. During the search, the officer discovered marijuana in the driver’s pocket, at which point the driver was arrested and taken into custody. Instead of impounding the vehicle, the officer let the other passengers in the vehicle drive away. After the vehicle was driven a short distance the driver then slammed into a tree, resulting in a number of serious injuries for all of the car’s passengers. It was alleged that the arresting officer failed to follow proper protocol by not impounding the vehicle.

Questions to the Law Enforcement expert and their responses

Do you have familiarity with the subject matter described above?

I have familiarity with traffic stops, as well as the proper procedures for handling circumstances during such encounters, and I have written policies that guide personnel on traffic stops in general.

Have you ever published or lectured on this subject?

As a police supervisor and chief have lectured during in-service classes about various liability matters that included allowing impaired operators to continue to operate, generally using Irwin vs Ware as a standard.

What measures could have been taken to avoid the accident?

Measures to prevent this may depend on the department's policies and if those policies were followed. If no policies existed, the involved officer could have exercised wide discretion and towed the vehicle, driven the passengers not arrested to a safe location, contacted someone and arranged for their transportation to a safe location or otherwise made a reasonable accommodation to assure that they left the scene and arrived at a safe location.

About the expert

This expert spent 34 years in municipal policing. He started as a Patrol Officer with the Wellfleet Police Department and was promoted to Shift Commander after serving as a Detective, Court Prosecutor, and Corporal. He then worked for 10 years as Chief of Police of the Williamstown Police Department and later the Carver Police Department. In these roles he conducted and coordinated numerous internal and administrative investigations concerning on and off duty officer misconduct and violations of departmental rules and policies. Currently, this expert is the Principal of a public safety consulting firm. He provides investigative, forensic, and pre-trial services in criminal and civil matters for attorneys and private clients, conducts investigations and reviews of alleged employee misconduct, and provides subject matter expertise on public safety related topics including internal affairs and discipline, police operations, and policy review. He is a licensed Private Investigator and is affiliated with numerous professional law enforcement organizations.