18. Inventories Flashcards
Name the two types of inventories
Booking inventory, and vehicle inventory
Reasons why you perform a booking inventory
Preserve his property, while he is held at the station, protect the police from disputes over, lost, stolen, or returned property, prevent escape self injury, or harm to others in the station
Article 14 and the fourth amendment require that a booking inventory require:
Lawful custody, written procedures, inspection, and conforms to policy.
The routine inventory is justified, whenever a detainee
Is booked for any Crime
Protective custody
Justifies an inventory any time in person is held at the station
Inventory policy
Police department must have a policy, the policy of the place of detention controls (an arrest involves multiple agencies officers are obligated to follow the booking policy of the agency that controls the lock up), the policy should allow officers to open locked containers.
Inventory policy concerning medication
Title, 2 of the Americans with disability act, requires that the department provide medication to individuals in their custody who request it and needed. The policy should require that any medication identified.
Booking inventory must not
 be a pretext for an investigatory search
Booking policy must be submitted in court
Commonwealth versus Brinson far as the prosecutors produce the policy. This enables a court to assess whether officers performed a manner consistent with their policy.
Third-party claims to property
Follow inventory policy to resolve claims of detain property
Inventory of motor vehicles justification
A vehicle inventory is conducted for essentially the same reasons as a booking inventory. Protect vehicles and it’s contents, protect the police and tow companies from false claims, protect the public and police from dangerous items that might be left in the vehicle.
Inventory of motor vehicles constitutional requirements
Article 14 and the fourth amendment require, the vehicle must be lawfully, impounded by police, inventory procedures, must be in writing, the inventory procedure must conform to policy. It must not become a pre-for an investigative search.
Vehicle lawfully impounded
The inventory must be conducted when officers on scene decide to tow the vehicle, impoundment does not occur, unless police are present, police may not delay, their impoundment decision pending the results of their inventory, officer should communicate their decision to impound before the inventory, as long as police legitimately must tow the vehicle the inventory is proper, regardless of the officers expectations that their inventory will reveal evidence.
Reasonable alternatives to impounding and towing a vehicle
Allowing a competent alternative operator to legally drive the vehicle from the scene, leaving a vehicle, lawfully parked at the location where Police encountered it
Vehicle lawfully parked
The vehicle is secure and legally parked in a public or private location
Vehicle lawfully parked after police stop and risk of theft
If the vehicle is lawfully parked, following a police stop, and there is no alternative operator the vehicle should still be towed if officers determined, there is a risk of theft or vandalism at that location
Do not tow a vehicle if lawfully parked before police stop
Even if risk or theft page 18–7
Authorized motor vehicle impoundment
Driver arrested for operating under the influence of oui, 12 hour impoundment when the arrested motorist refuses the breathalyzer or blood test. Melanie‘s law. Vehicle abandoned or trespassing on private property. Vehicle is illegally parked. Vehicle disabled and unsafe. Vehicle may not be lawfully operated. 
Motor vehicle impoundment other situations
A vehicle in other situation, where the driver can no longer operate, and there is no alternative operator or the vehicle is not lawfully parked
Rental vehicle considerations
Rental vehicles may not be impounded solely on the basis of an unauthorized operator
Rental company notifications
In certain situations, Police may notify a rental company in impound their vehicle at the direction of their representative upon encountering an unauthorized operator. Officer’s should notify the rental company and impound the vehicle at the companies request if one of the following applies:
Expired rental agreement
Unauthorized operator does not have a driver’s license
The driver is arrested; officers are unable to determine whether the authorized operator gave permission to the current driver
Scope of vehicle inventory
The inventory must take place at the scene before the car is towed or right after the car arrives at the tow lot
Vehicle inventory and policy
The inventory must be conducted in accordance with written policy. This is an administrative procedure. The best practice is to conduct an inventory, the same way every time.
Typical inventory inspection
Exterior vehicle for signs of damage, the passenger compartment, including the glove box, the trunk. Officers must examine any place for personal property, might be kept including hides.
Closed or open containers vehicle inventory
Officers must examine the contents of any closed or open containers that might hold personal property. Lock containers absent. A key combination for an emergency officer should obtain a search warrant to open a locked container.
Mass tow of vehicles
When multiple vehicles are towed at events or during snow, emergencies, department policy, should authorize an alternative procedure
For example, looking into passenger compartment from outside and noting any obvious expensive items and supplement that on a report
Inventory should not involve areas where motorists is unlikely to store personal property
Air vents prying the cover off dashboard looking inside, crumpled Dunkin’ Donuts bag in the cargo area of the van inconsistent with the main purpose of an inventory
Is a cannine inconsistent with mv inventory?
Yes, use of drug sniffing canine was totally inconsistent with the purpose of an inventory
A properly performed inventory may
Transform into a search for evidence under the motor vehicle exception!
