Chapter 18- MV Exception And Inventory

Question 1

What is the justification for the motor vehicle exception to the Fourth and Fourteenth Amendments?

Answer 1

Inherent mobility of a vehicle makes it impossible to obtain a warrant in most situations without losing evidence

This exception applies to other vehicles such as airplanes and boats.

Question 2

What is the general expectation of privacy in vehicles compared to homes?

Answer 2

Reduced privacy - less expectation of privacy in vehicles.

Question 3

How does the classification of mobile homes affect the motor vehicle exception?

Answer 3

Depends on if the vehicle is operational and being used for transportation as opposed to a fixed place of residence.

Question 4

What are the requirements for searching a vehicle under the motor vehicle exception?

Answer 4

• Probable Cause
• Vehicle parked in public or perpetrator access

Question 5

How can officers develop probable cause when dealing with motorists?

Answer 5

Through their lawful contact with motorists.

Question 6

Provide an example of a situation that could establish probable cause.

Answer 6

Illegal turn, nervous behavior, claimed to be lost but lives in town, kept putting hands in pocket, frisk finds scale and weapons in car.

Question 7

What factors determine the relevance of evidence found on an occupant of a vehicle?

Answer 7

Depends on the evidence found and what else they know about the situation.

Question 8

What can the presence of a crack pipe in a vehicle justify?

Answer 8

A search of the rest of the car for drugs

The discovery of drug paraphernalia can indicate illegal activity, providing law enforcement with probable cause.

Question 9

Odor of marijuana and other distribution factors PC to search?

Answer 9

Yes

These factors suggest illegal drug activity, warranting further investigation.

Question 10

What does the presence of a hidden compartment indicate?

Answer 10

Probable Cause to search for contraband or a weapon

Hidden compartments are often associated with illicit activities, such as drug trafficking.

Question 11

Name some indicators that may suggest illegal activity in a vehicle.

Answer 11

• Wear marks on the compartment
• Indicators of cash bands
• Urinating in a cup
• Fake yawning to reach towards back of car
• Heat sealed bag

These behaviors and signs can imply an attempt to conceal illegal items or activities.

Question 12

Father, bystanders, anonymous tip say there is an illegal firearm in a car, good?

Answer 12

Yes
## Footnote

Sources include father, bystanders, and anonymous callers.

Question 13

What is necessary for PC in regards to the crime that is occurring

Answer 13

There must be a link between the crime and the vehicle

Example: police investigating a murder cannot search a car without evidence linking it to the crime.

Question 14

Does a time gap of 6 hours between a crime and a stop eliminate probable cause?

Answer 14

No, a time gap does not eliminate PC

Example: an armed robbery car found 6 hours later can still be searched.

Question 15

What must be done if there is a delay in executing a search based on pre-stop probable cause?

Answer 15

The search must be executed without unreasonable delay or obtain a search warrant

Example: police may delay to corroborate drug selling reports if justified.

Question 16

What is usually good enough to justify a delay in executing a search?

Answer 16

Wanting additional corroborating information

This is often accepted as a valid reason for delay.

Question 17

Where can a search of a vehicle occur after establishing probable cause?

Answer 17

On the street, at a police station, or both

The search must be completed within a reasonable time.

Question 18

What constitutes a valid search if nothing is found initially?

Answer 18

A second search at a different location can yield results

Example: a quick street search finds nothing, but a second search at the station finds drugs.

Question 19

What action did the police take after observing two dealers making a deal?

Answer 19

They quickly searched the car in the driveway

This indicates a response to potential criminal activity.

Question 20

Can you tow a car recently used in a MVA/PI, if yes, why

Answer 20

Yes so that it can’t be moved or meddled with
## Footnote

These signs suggest that the vehicle was not abandoned.

Question 21

What is a necessary action if a complete search is not conducted within two hours?

Answer 21

Get a search warrant

This is important to ensure legality in the search process.

Question 22

What is the status of an inoperable car regarding the MV exception?

Answer 22

An inoperable car is still considered for the MV exception

MV exception refers to the motor vehicle exception to the warrant requirement for searches.

Question 23

What areas can be included in a lawful search of a vehicle?

Answer 23

All areas, containers (open, closed, locked) that might hold evidence, including the trunk

This includes any compartments or containers within the vehicle.

Question 24

True or False: Looking in the air filter of a vehicle is allowed under case law.

Answer 24

True

This case law supports the idea that officers can search various parts of the vehicle for evidence.

Question 25

What was ruled as a good search practice concerning containers?

Answer 25

Prying open a suitcase was considered a good search practice

Officers are permitted to search containers within a vehicle if they have probable cause.

Question 26

What should officers do if they do not find evidence in the initial search area?

Answer 26

Search the rest of the vehicle

Officers are encouraged to continue searching if the initial area does not yield evidence.

Question 27

What is an example of a good search outcome when looking for specific items?

Answer 27

Police tip leads to a gun found in the glove box after no backpack was found

This demonstrates the principle of searching based on probable cause and tips received.

Question 28

When police have probable cause to search a vehicle, what else may they search?

Answer 28

The passenger’s property

This extends the search authority beyond just the vehicle itself.

Question 29

What is the primary purpose of Motor Vehicle Inventory Justification?

Answer 29

To protect vehicle and its contents, police and tow company from false claims, and the public from dangerous items

This ensures accountability and safety during the towing process.

Question 30

What are the requirements for conducting a motor vehicle inventory?

Answer 30

Lawfully impounded, written procedure, inspection conforms to policy

These requirements help ensure that the inventory process is conducted legally and systematically.

Question 31

When must the inventory of an impounded vehicle be conducted?

Answer 31

Must be done ON SCENE when POLICE DECIDE to tow

This timing is critical for ensuring accurate documentation and accountability.

Question 32

What is the primary consideration in deciding to inventory a vehicle?

Answer 32

Whose decision it is to tow the vehicle

The decision to tow is not dependent on who selects the tow or the company involved.

Question 33

Can police delay the impoundment decision pending inventory results?

Answer 33

No

Police may not delay the decision to impound a vehicle while waiting for inventory results.

Question 34

What should officers communicate before conducting an inventory?

Answer 34

Their decision to impound the vehicle

Clear communication of the impoundment decision is essential.

Question 35

Is an inventory proper if the police legitimately tow the vehicle?

Answer 35

Yes

As long as the towing is legitimate, the inventory process is appropriate.

Question 36

What is a situation where officers must tow a vehicle despite expectations?

Answer 36

When they are required to tow it due to policy

Officers may expect to find drugs but must tow the vehicle if policy dictates.

Question 37

What can police do instead of towing a vehicle?

Answer 37

Allow a competent alternative driver or leave the vehicle parked at the location

These are reasonable alternatives to towing a vehicle.

Question 38

True or False: An inventory is not done if the person can leave in the tow truck.

Answer 38

False

An inventory is still conducted even if the individual can leave in the tow truck.

Question 39

What is the implication of finding a gun in the glove box during a car stop without an arrest?

Answer 39

The evidence may be deemed inadmissible

In this scenario, the police actions did not support the legal basis for seizing the evidence.

Question 40

What is required for an alternative operator to take a vehicle?

Answer 40

A valid driver’s license and approval from the owner or authorized person

The alternative operator must be present at the scene before officers notify the tow company.

Question 41

What should officers do if the alternative operator does not have a license?

Answer 41

Do not run him to see if he has one

Officers should refrain from checking the alternative operator’s license status if he does not have it on him.

Question 42

What happened when the alternative operator did not know who the car was registered to?

Answer 42

Officers did not let him drive and instead inventoried and towed the vehicle

During the inventory, drugs were found in the vehicle.

Question 43

Whose responsibility is it to ask the operator if he wants an alternative to the tow?

Answer 43

The officers’ responsibility

Officers must ensure that the operator is informed about options regarding the towing of the vehicle.

Question 44

What defines a vehicle as lawfully parked?

Answer 44

Secure and legally parked in a private or public location with windows closed

This includes ensuring that the vehicle is not obstructing traffic or violating parking regulations.

Question 45

What should the police do if a vehicle is lawfully parked after a stop and there is a risk of theft?

Answer 45

They should tow it

This is to prevent potential theft or vandalism.

Question 46

If a vehicle is parked legally before a police stop, what should the police do even if there is a risk of theft?

Answer 46

Do not tow; the owner takes that risk

The responsibility lies with the vehicle owner for parking in a risky area.

Question 47

Under what circumstances can a vehicle be towed if the driver is arrested for OUI?

Answer 47

Regardless of alternative operators

This is mandated by Melanie’s Law.

Question 48

What happens if a driver is arrested for a warrant and the car is parked in a metered spot

Answer 48

It is considered good tow and inventory

The vehicle was parked in a metered spot.

Question 49

What is the implication of towing a car with a safety defect?

Answer 49

It can be towed if it would cause it to fail inspection

This is a safety measure for the public.

Question 50

True or False: A vehicle can be towed based on management’s request if they were unaware of the ownership of the lot.

Answer 50

False

Management cannot rely on a request to tow if they did not know the lot was owned by them.

Question 51

What should be done if an unauthorized user is operating a rental vehicle?

Answer 51

Notify rental company of unauthorized user and follow their instructions

This ensures proper procedures are followed regarding the rental agreement.

Question 52

What are some reasons for towing a rental vehicle?

Answer 52

• Expired rental agreement
• No valid license
• Driver is arrested
• No authorized user present to take custody

These reasons highlight the importance of compliance with rental agreements and legal requirements.

Question 53

When must a vehicle inventory take place?

Answer 53

Before the car is towed or right after it arrives at the tow lot

This ensures that all contents are documented and accounted for.

Question 54

What is the primary guideline for conducting vehicle inventory?

Answer 54

Follow a written policy and do it the same way every time

Consistency in procedure helps maintain legality and integrity in the inventory process.

Question 55

True or False: Officers can tow a vehicle if they cannot determine if the authorized operator gave permission to the current driver.

Answer 55

True

This situation may arise when the authorized operator is not present.

Question 56

What should you inspect during an inventory inspection?

Answer 56

Exterior for damage, passenger compartment and glove box, trunk

Ensure to check all accessible areas for any signs of damage or missing items.

Question 57

What are you allowed to look for in a vehicle during an inspection?

Answer 57

Personal property

You can look in possible hiding spots for personal items.

Question 58

What is the protocol for examining containers during an inventory?

Answer 58

Examine open or closed containers, do not break them unless in an emergency

Only open containers by force when absolutely necessary.

Question 59

When is it not necessary to conduct an inventory?

Answer 59

Once items are handed over

The focus should be on items currently in possession.

Question 60

What is the consequence of not handing over all items during an inventory?

Answer 60

The search is invalid

Example: handing over a music player and keys but not allowing a search of a backpack.

Question 61

What places are prohibited for searching during an inventory?

Answer 61

• Air vents
• Dashboard
• Crumpled bags in cargo area

These areas are typically not considered valid hiding spots for personal items.

Question 62

True or False: The use of a drug sniffing dog is allowed during an inventory inspection.

Answer 62

False

Drug sniffing dogs should not be used in this context.