18. Inventories Flashcards

1
Q

Name the two types of inventories

A

Booking inventory, and vehicle inventory

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2
Q

Reasons why you perform a booking inventory

A

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

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3
Q

Article 14 and the fourth amendment require that a booking inventory require:

A

Lawful custody, written procedures, inspection, and conforms to policy.

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4
Q

The routine inventory is justified, whenever a detainee

A

Is booked for any Crime

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5
Q

Protective custody

A

Justifies an inventory any time in person is held at the station

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6
Q

Inventory policy

A

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.

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7
Q

Inventory policy concerning medication

A

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.

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8
Q

Booking inventory must not

A

 be a pretext for an investigatory search

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9
Q

Booking policy must be submitted in court

A

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.

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10
Q

Third-party claims to property

A

Follow inventory policy to resolve claims of detain property

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11
Q

Inventory of motor vehicles justification

A

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.

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12
Q

Inventory of motor vehicles constitutional requirements

A

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.

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13
Q

Vehicle lawfully impounded

A

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.

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14
Q

Reasonable alternatives to impounding and towing a vehicle

A

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

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15
Q

Vehicle lawfully parked

A

The vehicle is secure and legally parked in a public or private location

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16
Q

Vehicle lawfully parked after police stop and risk of theft

A

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

17
Q

Do not tow a vehicle if lawfully parked before police stop

A

Even if risk or theft page 18–7

18
Q

Authorized motor vehicle impoundment

A

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. 

19
Q

Motor vehicle impoundment other situations

A

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

20
Q

Rental vehicle considerations

A

Rental vehicles may not be impounded solely on the basis of an unauthorized operator

21
Q

Rental company notifications

A

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

22
Q

Scope of vehicle inventory

A

The inventory must take place at the scene before the car is towed or right after the car arrives at the tow lot

23
Q

Vehicle inventory and policy

A

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.

24
Q

Typical inventory inspection

A

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.

25
Q

Closed or open containers vehicle inventory

A

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.

26
Q

Mass tow of vehicles

A

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

27
Q

Inventory should not involve areas where motorists is unlikely to store personal property

A

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

28
Q

Is a cannine inconsistent with mv inventory?

A

Yes, use of drug sniffing canine was totally inconsistent with the purpose of an inventory

29
Q

A properly performed inventory may

A

Transform into a search for evidence under the motor vehicle exception!