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No. 2—09—0833 Opinion iled March 31, 2011 - page 15 / 24





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No. 2—09—0833

articulated a coherent policy for impounding the vehicle, basing the impoundment on the arrestee’s

status as a driver, owner, or passenger is “irrational and inconsistent with ‘caretaking’ functions”

(Duguay, 93 F.3d at 353).

Surmising that the purported policyrequired towing “any time the arrestee is carted off to jail,

regardless of whether another person could have removed the car and readily eliminated any traffic

congestion, parking violation, or road hazard,” the Seventh Circuit determined that the impoundment

was unreasonable because Duguay’s girlfriend had been driving the car, possessed the keys, and was

prepared to remove the car from the street and also because Duguay’s brother was present and also

might have been able to move the car. Duguay, 93 F.3d at 353. The Seventh Circuit added that

“[t]he policy of impounding the car without regard to whether the defendant can provide for its

removalis patently unreasonable if the ostensible purpose for impoundment is for the ‘caretaking’ of

the streets.” Duguay, 93 F.3d at 353.

First, we note that the Seventh Circuit’s commentary on the caretaking function of the

impoundment policy in Duguay is dicta because the fourth amendment issue was decided based on

the State’s failure to articulate a standardized impoundment procedure. The fact-specific holding in

Duguay does not apply to this case.

Second, the purported impoundment policy in Duguay is distinguishable from the

impoundment mandate of section 6—303(e) of the Vehicle Code. The police procedure in Duguay

was deemed to be unreasonable because it did not consider the possibility that the vehicle could be

removedlegallywithout impoundment. In contrast, here, section 6—303(e) mandated impoundment

because the vehicle could not be removed legally. Neither the teenage passenger nor anyone coming

to defendant’s aid could operate the vehicle without liability insurance (see 625 ILCS 5/7—601(a),

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