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No. 2—09—0833 Opinion iled March 31, 2011 - page 17 / 24





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No. 2—09—0833

of pretowing and adequate posttowing hearing procedures violated the fourteenth amendment.

Harrington, 2006 WL 3359388, at *1.

In determining whether the impoundment was reasonable under the fourth amendment, the

district court stated, “the decision to impound pursuant to the seizure ordinance does not, in and of

itself, determine the reasonableness of the seizure. Instead, reliance on and reference to the seizure

ordinance merely raises the relevant legal question of whether the City’s mandatory impoundment

policy serves the police’s community caretaking function such that impoundments under that policy

are reasonable under the Fourth Amendment.” Harrington, 2006 WL 3359388, at *5. Relying on

Duguay, the district court foundthe seizure ordinance unconstitutional because it “deprives the City’s

officers from considering alternatives to impoundment and thus, from determining whether

community caretaking interests justifyimpoundment ina particular instance.” Harrington, 2006 WL

3359388, at *5.

The Harrington court commented that, even if the impoundment policy were discretionary,

the seizure was unreasonable under the circumstances where Harrington provided at the scene proof

that she was the owner, she had a valid license and proof of insurance, she was prepared to remove

the vehicle herself, and there was no indication that she was impaired or otherwise incapable of

lawfully operating the vehicle. Harrington, 2006 WL 3359388, at *5.

Like Duguay, Harrington isdistinguishable fromthis casebecausetheimpoundment mandate

of section 6—303(e) is based in part on the absence of liability insurance (as established by lack of

proof of insurance), which would prevent a car from being removed from the scene legally.

Harrington stands for the proposition that adherence to an impoundment policy does not necessarily

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