LOS ANGELES- The Court of Appeal has granted a temporary stay of the Los Angeles Superior Court’s permanent injunction enjoining the enforcement of the Los Angeles Police Department’s (LAPD) Special Order No. 7.
“We are pleased with the Court’s decision. We strongly believe that Special Order No. 7 is lawful,” said Los Angeles City Attorney Mike Feuer. The City Attorney’s Office filed a request for the temporary stay on October 9th.
"I am pleased by the Court of Appeal's ruling today granting a stay on the lower court's decision to rescind Special Order No. 7," said LAPD Chief Charlie Beck. "The Court's decision allows the Department to return to exercising the thoughtful impound protocols delineated in Special Order No. 7. We will be reinstating the order immediately."
Special Order No. 7 is a directive to LAPD officers which addresses, in part, the impoundment of vehicles operated by unlicensed drivers. The order gives direction to officers about applying the Vehicle Code in a variety of situations, including adherence to state law governing drivingunder-the-influence checkpoints. It also provides guidance regarding compliance with the Fourth Amendment to the United States Constitution.
The Attorney General of the State of California, in an official published opinion, previously had concluded that the LAPD may lawfully implement Special Order No. 7.