CP Ch. 18- Motor Vehicle Exception & Vehicle Inventory

Question 1

Motor Vehicle Exception:

This search is a longstanding exception to the Fourth Amendment and Article 14 warrant requirement. It is allowed for two reason:

Answer 1

1. Mobility
2. Reduced privacy.

Question 2

Motor Vehicle Exception:

The inherent mobility to a vehicle makes it impossible in most situations to obtain a warrant without:

Answer 2

risking the loss of evidence.

Question 3

Motor Vehicle Exception:

Does a person have a lesser expectation of privacy in a vehicle, than, say, their home?

Answer 3

Yes.

Question 4

The motor vehicle exception applies to other vehicle that are mobile- such as: (2)

Answer 4

airplanes or boats.

Question 5

The motor vehicle exception applies to other vehicle that are (blank)- such as airplanes or boats.

Answer 5

mobile.

Question 6

Should a mobile home be regarded as a motor vehicle, or a dwelling subject to the warrant requirement.

The answer depends on whether the vehicle is operational and being use for (blank), as opposed to:

Answer 6

1. transportation
2. functioning as a fixed place of residence.

Question 7

The motor vehicle exception applies when: (2)

Answer 7

1. Probable cause
2. Public or perpetrator access

The police have probable cause to believe a vehicle contains evidence at the time they begin their search; and the vehicle is lawfully stopped on a public way or parked in an area of potential public or perpetrator access.

Question 8

Motor Vehicle Exception: Probable cause after stop:

Officer may develop probable cause through their (blank) with motorists.

Answer 8

lawful contact.

Question 9

Evidence on occupant as the reason to search a vehicle: When police discover contraband or other evidence on an occupant, the question becomes whether they now have probable cause to search the vehicle for additional evidence. The answer depends on:
(2)

Answer 9

1. The type of evidence; and
2. What else they know about the situation

ex. backseat passenger moving around, then refused to identify for seatbelt violation- driver arrested for suspended license, and officers could see crack pipe on the driver floor.

While possession of drug paraphernalia is not a crime, a crack pipe is only used to illegally ingest cocaine. In this case, the pipe was located at the feet of the driver, who also owned the car. It was not found on a passenger. The pipe was connected to the car.

Based on this police had probable cause to search the whole car. A large quantity of drugs were found in the back.

Question 10

Motor Vehicle Exception:

The odor of marijuana, along with another (blank), provides probable cause to search.

Answer 10

distribution factor

Question 11

Motor Vehicle Exception:

Presence of hidden compartment is probable cause to search for:

Answer 11

contraband or a weapon.

Question 12

Motor Vehicle Exception:

Does presence of a hidden compartment provide probable cause to search?

Answer 12

Yes.

for a contraband or a weapon

Question 13

True or false?

Police sometimes have probable cause to search before they stop a vehicle.

Answer 13

True.

ex. officers had probable cause that an illegal firearm was in the car based on reports from a bystander, the victim’s father, and an anonymous informant

when they did not find a gun on the defendant’s person, they wisely concluded it must be in the car.

Question 14

Motor Vehicle Exception:

No probable cause to search without a connection between the (blank) and the suspect’s vehicle.

Answer 14

crime.

Question 15

Does time gap between the crime and the motor vehicle stop eliminate probable cause.

Answer 15

No. Not Necessarily.

ex. 6 hour time gap between robbery and the stop did not negate probable cause. It was really unlikely that someone new was driving

Question 16

If police have pre-stop probable cause, they must execute their search without (blank), or seek a warrant

Answer 16

without “unreasonable delay”

In most cases, the police spontaneously develop probable cause to search a vehicle during a traffic stop. On the other hand, if police develop probable cause before they stop and search a vehicle, they must be able to point to some aspect of their investigation that was strengthend by not getting a warrant in advance. Typically, if police want additional corroboration of their tip (e.g. allowing their suspect to meet an accomplice), that will be good enough reason. The bottom line: since any delay between probable cause and the warrantless search will be scrutinized by the court, the best practice is to get a search warrant when there is time.

Question 17

Motor Vehicle Exception:

The search may occur on the street, at a police facility, or in BOTH locations. Sometime (blank) or (blank) makes towing the vehicle to a police facility a better option. This is acceptable if the search is completed within a reasonable period of time.

Answer 17

1. Traffic
2. Lack of manpower

ex. detective saw a drug transaction involving the defendant; detective quickly searched the vehicle on the street and found nothing; it was then towed to the station where another detective found a cahe of 40 bags of cocaine behind a radio speaker cover.

Question 18

Motor Vehicle Exception:

The search may occur on the street, at a police facility, or in BOTH locations. Sometime traffic or a lack of manpower makes towing the vehicle to a police facility a better option. This is acceptable if the search is completed within:

Answer 18

a reasonable period of time. (however later in the chapter it is stated that officers should complete their search within 2 hours or get a warrant)

Other Note: The same is true for a warrant. Police are allowed to search a vehicle with a warrant either at the scene of a stop, or following a tow to the police station.

Question 19

Can police to a car from a driveway to the station to prevent destruction of evidence?

Answer 19

Yes.

ex. Hit and run of 13 year old boy, vehicle quickly located in driveway warm to touch, drivers door open.. “The officer properly towed the vehicle to the station, so the defendant and his son could not move or meddle with this important piece of evidence”

Question 20

Motor Vehicle Exception:

Officers should complete their search within (blank) or get a warrant.

Answer 20

2 hours.

Substantial delays may cause the suppression of evidence on the grounds that a warrant should have been obtained.

ex. detectives seized car because they already had probable cause, but were waiting for additional evidence. They wisely got a warrant before searching because they realized their search would be delayed.

Question 21

Motor Vehicle Exception: Scope of Search:

A lawful search extends to all areas and containers- open, closed, and locked, that might:

Answer 21

hold evidence- including the trunk.

Ex. because he had probable cause and was looking for drugs, detective could remove air filter from engine and discover contraband.

My note: This would not be allowed during consent search based on reasonable suspicion, as the person who consented would not reasonably believe officers would be searching in the engine when he gave consent

Question 22

If officers have probable cause to search a vehicle, does that extend to a search of locked containers without a warrant?

Answer 22

Yes.

Ex. Officer viewed hand to hand. Front seat passenger was “ducking down” .The officer stopped vehicle and ordered driver to turn off the ignition and hand him the keys. The driver and passenger were ordered out. The officer found cocaine on the front seat and a gun underneath.

This discovery gave police probable cause to search the rest of the car for additional drugs and weapons. The SJC allowed officers to pry open a locked suitcase, viewing the intrusion as consistent with the evidence-gathering purpose of the motor vehicle exception.

Question 23

True or false?

When police receive a tip about a container, officers may usually search for the contraband in other parts of the vehicle if they cannot find the specific container initially.

Answer 23

True.

While police should begin their search by looking for the specific container, they may typically continue their search for the contraband in other areas of the vehicle.

Just because the first search does not reveal a container, does not mean that probable cause to search the car evaporates, if the defendant had time to remove the item from the container and place it somewhere else in the car.

Question 24

Boston Lieutenant learned from a registered confidential informant (CI) that the defendant (1) possessed a silver firearm; (2) in a black backpack; (3) inside his green honda with a specific Maine plate; (4) while driving to watertown to the auto parts store where he worked.

An hour after the CI’s call, LT saw the defendant drive into the parking lot and enter the auto parts store. He appeared to be an employee.

Briefed by the Boston LT, Watertown Detective checked CJIS and found the defendant possessed no LTC and had a prior firearms incident on his record. Defendant left the store. Officers told him to move away from his car. Detective searched the car and found no backpack or gun, although the glovebox was locked.

Detective then frisked the defendant. He did not feel a gun but did remove a set of keys. Detective opened the glove box with one of the keys and recovered a loaded silver handgun with a fifteen round magazine. Defendant was arrested.

In the meantime, A Sergeant entered the auto parts store to see if the defendant had left anything behind. An employee escorted him to a storage area and pointed at a black backpack belonging to the defendant. When he picked it up, the Sergeant felt a gun storage box inside, which turned out to be empty.

Valid or invalid ?

Answer 24

Valid.

1. The CI’s tip provided probable cause- Boston Lieutenant testified about his CI’s basis of knowledge- the CI saw the gun in the backpack. LT also established his CI’s veracity- previous tips leading to the seizure of drugs and a gun.
2. Probable cause to search the car did not evaporate because Detective’s first search did not reveal a black backpack- the hour between the CI’s top and police surveillance gave defendant plenty of time to remove the firearm from his backpack and place it somewhere in the car. It made sense to search for the gun in the locked glove box.
3. While police should begin their search by looking for the specific container, they may typically continue their search for the contraband in other areas of the vehicle.

Question 25

When police have probable cause to search a vehicle, may they also search any passenger’s belongings that might hold evidence?

Answer 25

Yes.

This is true even when the police lack probable cause to believe that the passenger is guilty of any wrongdoing. Once officers have probable cause to search a vehicle, the passenger’s expectation of privacy is reduced. To rule otherwise would provide and incentive for criminals to hide evidence in their passenger’s belongings.

Question 26

When police have probable cause to search a vehicle, they may also search any passenger’s belongings that might hold evidence.

This is true even when the police lack probable cause to believe that the passenger is guilty of any wrongdoing. Once officers have probable cause to search a vehicle, the passenger’s expectation of privacy is reduced. To rule otherwise would provide and incentive for criminals to:

Answer 26

hide evidence in their passenger’s belongings.

ex. Highway patrol stopped a vehicle for speeding. An officer observed a hypodermic syringe in the drivers shirt pocket. The driver admitted that he used it for illegal drugs. The officer began to search the vehicle. He found a purse. The defendant, who had been sitting in the front passenger seat, admitted it was hers. Inside the purse, officers discovered drug paraphernalia and a syringe with meth.

Question 27

An administrative procedure conducted by police before they tow a vehicle.

Answer 27

A motor vehicle inventory.

Question 28

A vehicle inventory is an administrative procedure conducted by police before they tow a vehicle. It is done for 3 reasons:

Answer 28

1. Protect the vehicle and it’s contents;
2. Protect the police and tow company from false claims;
3. Protect the public and police from dangerous items that might be left in the vehicle.

Question 29

Article 14 and the Fourth Amendment require 3 things of a vehicle inventory:

Answer 29

1. Lawfully impounded
2. Written procedures
3. Inspection conforms to policy

-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 pretext for an investigative search.

Question 30

An inventory must be conducted when officer on scene (blank) to tow the vehicle.

Answer 30

Decide.

When the owner or someone in lawful control of the vehicle makes the decision, police should not conduct an inventory. For example, the owner decides to tow her disabled vehicle and notifies AAA.

On the other hand, if officers decide to tow a vehicle improperly parked on private property, the must conduct an inventory. The issue is who makes the final decision to tow, not who selects or pays the tow company.

Question 31

May police delay their impoundment decision pending the results of their inventory?

Answer 31

No.

• Officers should communicate their decision to impound before the inventory- “Mr. Motorist, I have not decided whether to arrest you, but I have decided to tow your vehicle.”
• As long as the police legitimately must tow the vehicle, the inventory is proper- regardless of the officers expectation that their inventory will reveal evidence.

Question 32

As long as the police legitimately must tow the vehicle, the inventory is proper- regardles of the officer’s:

Answer 32

expectation that their inventory will reveal evidence.

ex. Police were performing surveillance on the defendant. They observed the defendant drive his vehicle into a private parking lot. They arrested him for operating after suspension. They performed and inventory and found cocaine. The officers testified that they expected to find drugs, but department policy required that they tow the vehicle because it was unlawfully parked. Defendant could not have been asked to move it because he didn’t have a valid license, and no other person was present.

Question 33

Is it proper to inventory a vehicle, even if the driver is allowed to leave in the tow truck?

Answer 33

Yes.

Ex. Unlicensed operator. Officer decided not to arrest, but vehicle needed to be towed from highway. Officer told operator he could ride with the tow driver, but inventory turned up heroin and a gun. He was arrested.

The fact that the defendant was planning to go with the tow truck did not eliminate the need for an inventory- concerns about theft and false claims still existed, as did the possibility of dangerous items in the vehicle.

Question 34

Do police have to consider “reasonable alternatives” before impounding and towing a vehicle?

Answer 34

Yes. they MUST consider reasonable alternatives- (required by Article 14)

Reasonable alternatives include:
1. allowing a competent, alternative operator to legally drive the vehicle from the scene; or

2. leaving a vehicle lawfully parked at the location where police encountered it.

Whether a reasonable alternative exists depends on the circumstances.

Question 35

Motor Vehicle Inventory: Alternative Operator:

A competent, alternative operator must be: (3)

Answer 35

1. Present at the scene before officers notify the tow company
2. In possession of a valid driver’s license
3. Approved by the owner, or someone clearly authorized by the owner, to take custody of the vehicle.

Question 36

Motor Vehicle Inventory: Alternative Operator:

Does the alternative operator have to be present at the scene before officers notify the tow company?

Answer 36

Yes.

Officers do not have to wait for an alternative operator once the towing process is initiated.

ex. lone driver under arrest for operating after suspension; car illegally parked in store lot; police not obligated to wait for a friend to remove it.

ex. no obligation to allow arriving friends to take a vehicle that was already in the process of being towed.

Question 37

Motor Vehicle Inventory: Alternative Operator:

An alternative operator without his license in possession is disqualified, and:

Answer 37

no further investigation should take place into his license status.

*Operators who do provide a license should have its status checked through CJIS.

Question 38

Motor Vehicle Inventory: Alternative Operator:

An alternative operator without his license in possession is:

Answer 38

Disqualified (from taking control of the vehicle)

And no further investigation should take place into his license status.

Question 39

Motor Vehicle Inventory: Alternative Operator:

An alternative operator must be authorized by the owner of by someone (blank) with the owner.

Answer 39

“clearly connected”

ex. Nicholas was arrested for operating after suspension at 1:14am. Cooper, his passenger, had a valid license but incorrectly claimed the vehicle was registered to Nicholas’ mother. The police were appropriately concerned that they might be accused of misappropriation if they turned over the car without any evidence that Cooper even knew the owner. Their inventory, which uncovered illegal drugs, was proper.

Question 40

Motor Vehicle Inventory: Alternative Operator:

Whose duty is it to bring up a reasonable alternative to towing, the operator or the officer?

Answer 40

The OFFICER’S duty.

Officer must asked the driver if he wishes for a competent, alternative operator to take the vehicle.

ex. The driver was arrested for outstanding warrants. his passenger possessed a valid license, had no warrants, and was not impaired. The police officer should have asked the driver if he wanted his passenger to take custody of the vehicle before conducting an inventory and towing the car.

Question 41

(Blank) means that the vehicle is secure and legally parked in a public or private location.

Answer 41

Lawfully parked.

-Secure means that the vehicle is locked with the windows closed (ex open windows needed to be secured by officer)

Question 42

If the vehicle is lawfully parked following a police stop, and there is no alternative operator, the vehicle should still be towed if officer determine:

Answer 42

there is a risk of theft or vandalism at that location.

However SJC is adamant that: A “High Crime” area may Never, by itself, justify a decision to impound.

** Do NOT tow if vehicle is lawfully parked before police stop- even if risk of theft.

Question 43

Motor Vehicle Inventory:

Do not tow if vehicle lawfully parked (blank) police stop- even if risk of theft.

Answer 43

before.

When a driver chooses a lawful parking space- on the street, in a driveway, or in a parking lot- officers should typically allow it to stay since there is no liability risk. After all, the driver picked the parking spot, so he becomes responsible for an damage or theft that occurs as a result of his choice.

Question 44

Mitchell Violet and Jamal Oliveira were arrested for shoplifting. Police verified the care was registered to Violet’s girlfriend. Police told them that the vehicle would be inventoried and towed. Both became upset, and Violent stated that he wanted his girlfriend to get her car. The police did not honor this request. The officers also said the store manager asked them to tow the vehicle. Their inventory revealed a loaded firearm inside the glove compartment. On appeal, the SJC ruled:

Answer 44

1. Officer’s decision to impound was unreasonable- Violet requested that the police leave the vehicle where it was parked until his girlfriend- the owner- could retrieve it. Violet had only been arrested for shoplifting. He would likely be released and could get the car himself. Even if not released on bail, he could call his girlfriend from the station.
2. The officers could not rely on the manager’s tow request because they did not learn whether the store controlled the lot until after they began their inventory.
3. Finally, police could not rely on a risk of of theft or vandalism to the car. Violet lawfully parked before any police contact. When a driver chooses a lawful parking space- on the street, in a driveway, or in a parking lot- officers should typically allow it to stay since there is no liability risk. After all, the driver picked the parking spot, so he becomes responsible for an damage or theft that occurs as a result of his choice.

Question 46

Officers are authorized to impound a vehicle in the following situations: (5)

Answer 46

1. Driver arrested for Operating Under the Influence
2. Vehicle abandoned or trespassing on private property
3. Vehicle illegally parked (operator arrested and vehicle parked in front of meter/ handicap spot/ double parked, etc)
4. Vehicle disabled and/or unsafe (ex significant collision or safety defects and would not pass inspection)
5. Vehicle may not be lawfully operated (ex unregistered, uninsured, etc)

Question 47

OUI Alcohol

Melanie’s Law mandates a (blank) when any arrested motorists refuses the breathalyzer or blood test.

Answer 47

12 hour impoundment

Question 48

OUI Alcohol

Melanie’s law mandates a 12 hour impoundment when any arrested motorist:

Answer 48

refuses the breathalyzer or blood test.

*Since officers do not know, at time time of arrest, whether the defendant will refuse a test, they must always tow the vehicle pending that post- arrest decision– even if it is lawfully parked or there is someone at the scene who would normally qualify as an alternative operator.

Question 49

OUI Alcohol

Melanie’s Law: What triggers mandatory 12 hour impoundment?

Answer 49

refusal of the breathalyzer or blood test.

*Since officers do not know, at time time of arrest, whether the defendant will refuse a test, they must always tow the vehicle pending that post- arrest decision– even if it is lawfully parked or there is someone at the scene who would normally qualify as an alternative operator.

Question 50

Vehicle abandoned or trespassing on private property: Officers should know the status of the property where a vehicle is parked (blank) they call for a tow and conduct an inventory.

Answer 50

Before.

Question 51

Abandoned vehicle:

Ch. 90 Sec 22C

Removal of vehicle abandoned for more than (blank) on public or private property.

Answer 51

72 hours.

Question 52

May a vehicle parked on another person’s property without permission be towed if the property is not posted “No Trespassing?”

Answer 52

Yes. it can still be towed.

Question 53

May rental cars be impounded if the operator is “unauthorized” by the rental agreement?

Answer 53

No.

A renter’s decision to let an unlisted person drive, without more, may violate the rental agreement, but it does not justify impoundment.

It is NOT the crime of use without authority either.

Question 54

Does the driver of a rental vehicle, who is “unauthorized” by the rental agreement, have an expectation of privacy?

Answer 54

Yes.

ex. police needed consent from an unauthorized rental car driver because, although he was not listed on the agreement, he had been given permission by the renter to drive at the time he was stopped by police.

Question 55

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

In certain situations, police may notify a rental company and impound their vehicle at the direction of their representative. Upon encountering an unauthorized operator, officers should notify the rental company and impound the vehicle at the company’s request if one of the following applies: (4)

Answer 55

1. The rental agreement has expired
2. The unauthorized operator does not have a valid license
3. The driver is arrested and an authorized operator is not at the scene to take custody of the vehicle.
4. Officers are unable to determine whether the authorized operator gave permission to the current driver. - If unable to confirm, officers should notify the rental company and follow its disposition decision.

Question 56

Scope of Vehicle Inventory: Location:

The inventory must take place at the scene, before the car is towed, or:

Answer 56

right after the car arrives at the tow lot.

-delay undermines the reasons behind the inventory

ex. inventory invalid because the van had already sat for two days in the tow lot

Question 57

Motor Vehicle Inventory:

The inventory must be conducted in accordance with:

Answer 57

a written policy.

“Standard procedures reduce the discretion of police to search at will, and so lessen the possibility that police will use inventory procedures as investigative searches.”

*if challenged in court, officer should provide the prosecutor with a copy of the policy.

Question 58

Motor Vehicle Inventory:

Since it is an administrative procedure, the best practice is to conduct an inventory:

Answer 58

the same way every time.

• it risks evidence suppression if a police officer conducts a targeted inventory procedure that begins in the location where he expects to find evidence.

Question 59

During a typical inventory, officers should inspect: (3)

Answer 59

1. The exterior of the vehicle for signs of damage.
2. The passenger compartment, including the glove box.
3. The trunk

Question 60

Motor Vehicle Inventory:

Detective patrolled Lowell in plainclothes “to focus on gang suppression through motor vehicle stops”. He saw Lang Lek’s car fail to fully stop at a stop sign. He initiated the car stop on Elm St, which he testified was a safer area with better lighting. Unlike the initial street where Lek committed the violation, Elm Street had not legal parking.

Detective noticed that Lek was dressed in all red, the color of the Bloods gang. Lek provided another person’s drivers license. The detective ordered Lek to exit, frisked him, and told him to sit on the curb. He did not handcuff Lek, arrest him, or tell him that his car would be towed. He began searching the care and found a pistol in the glove box. Lek was then arrested.

The appeals court believed that:

Answer 60

the detective’s decision to impound, in reality, depended on the results of his investigatory search, which “infected the inventory”

-Officers should communicate their decision to impound BEFORE they inventory

• As long as the police legitimately must tow the vehicle, the inventory is proper- regardless of the officer’s expectation that their inventory will reveal evidence.

Question 61

Motor Vehicle Inventory:

May officers examine “hides” during an administrative inventory?

Answer 61

Yes.

Officers MUST examine any place where personal property might be kept- including “hides”

ex. officer recognized a potential “hide”, where someone might store money, jewelry, narcotics, or firearms. He put his finger into the opening and pulled the carpet lining down, revealing a loaded gun. The department’s inventory policy directed officers to examine “any place” in the car where valuables might be kept. Because valuables might be in a hide, its inspection was required under this policy

Question 62

Motor Vehicle Inventory:

Can officers examine the contents of any closed or open containers that might hold personal property?

Answer 62

Officers MUST examine the contents of any closed or open containers that might hold personal property.

ex. by policy, the inventory extended to all storage areas and compartments; this included a jacket left on the back seat; once the officer lifted the jacket and determined it contained a heavy object, that object had to be inventoried as well; it turned out to be an illegal firearm.

Question 63

Motor Vehicle Inventory:

May officers inspect a closed container inside another closed container to fulfill their inventory obligations?

Answer 63

Yes.

ex. department policy mandated opening containers, so the officer properly discovered and illegal gun when he inspected a show box inside a closed book bag in the trunk.

Question 64

Motor Vehicle Inventory:

Locked containers: The best practice is for:

Answer 64

department policy to direct officer to open and inventory locked containers, if they lawfully obtain the key or combination from the motorist and/or vehicle owner. Officers should open the container by force only in an emergency.

Absent a key or combination, or an emergency, officers should obtain a search warrant to open a locked container. ** However, the warrant requirement does NOT apply under the motor vehicle exception.

Question 65

Motor Vehicle Inventory:

Locked containers: The best practice is for department policy to direct officer to open and inventory locked containers, if they lawfully obtain the key or combination from the motorist and/or vehicle owner. Officers should open the container by force only in

Answer 65

and emergency.

Absent a key or combination, or an emergency, officers should obtain a search warrant to open a locked container.

Question 66

Motor Vehicle Inventory:

Document the inventory on a department issued form. Failing to document an inventory results in: (2)

Answer 66

1. suppression of evidence; and
2. may subject the department to liability.

Question 67

Motor Vehicle Inventory:

Recommendation: When multiple vehicles are towed at events or during snow emergencies, department policy should:

Answer 67

authorize an alternative procedure.

The typical inventory is too cumbersome, so department policy should allow officers to fulfill their responsibility by looking into the passenger compartment from outside and noting any obviously expensive items on a supplemental report.

Question 68

Police attempted to stop defendant because one of his headlights was out and his registration and license plates were invalid. Defendant continued to drive to his grandmother’s house, where he lived. Officers arrested him outside the house for failure to stop. They arranged to have the unregistered vehicle towed.

Defendant’s grandmother emerged from the house. Officers searched the vehicle and gave her a music player and the keys. The police also removed a backpack from the back seat, but instead of handing it to the grandmother, they searched it. An illegal knife was found.

Valid or invalid?

Answer 68

Invalid

Having made the decision to give the music player to the grandmother, the police did not have discretion to inventory the backpack, which also could have been turned over to her.

Audiobook note: Conduct inventory first, be nice after- aka if officers are lawfully towing vehicle, conduct the full inventory, and then offer to allow a third party to hang on to belongings.

Question 69

An inventory should not involve areas where a motorist is (blank) to store personal property.

Answer 69

unlikely

ex. searching air vents was not within the scope of a lawful inventory; air vents are not places where people normally put personal items

ex. prying the cover off the dashboard inconsistent with inventory to protect belongings.

ex. *** Looking inside a crumpled Dunkin donuts bag in the cargo area of a can was inconsistent with the main purpose of an inventory– safeguarding an owner’s property; therefore, drugs in the bag had to be suppressed.

Question 70

Is use of a drug sniffing K9 consistent with an inventory?

Answer 70

No.

ex. use of a drug sniffing K9 was totally inconsistent with the purpose of an inventory; so was dismantling a coffee maker found in the backseat area.

Question 71

May a properly performed inventory transform into a search for evidence under the Motor Vehicle Exception?

Answer 71

Yes.

Question 72

At 3am, trooper saw a vehicle traveling at 87 mph. While speaking with the driver, trooper saw a white powder on the console. The driver had a suspended license and outstanding warrant. Trooper also learned that the passenger’s license was suspended. The passenger accepted a ride off the highway from another trooper.

Trooper conducted an inventory while waiting for a tow truck. He examined the console and found a cup holder that could be released by pushing a button. Trooper pressed the button, but it was jammed. He then used a flashlight to look underneath the holder and saw cocaine in a plastic bad. He later filled out an inventory form, but did not mention the cocaine. He did record it in his incident report.

Valid or invalid?

Answer 72

Valid- BECAUSE a properly performed inventory may transform into a search for evidence under the Motor Vehicle Exception.

Findings:

1. Inventory and investigation are different: The investigative search is designed to gather evidence; an inventory is conducted to safeguard the vehicle and its contents.
2. Impound decision: Here, the driver and passenger could not drive. The Trooper had to conduct an inventory and tow.
3. Scope of Inventory: since the inventory policy requires the inspection of all areas “where property is likely to be kept,” the trooper had to look inside the console. The console is a storage area comparable to the glove box. Still, the court ruled that attempting to release the cup holder and looking underneath it could not be justified as an inventory procedure. This is not an are where people typically store personal items.
4. Motor Vehicle Exception: At the same time, Trooper’s decision to look under the cup holder was permissible under the Motor Vehicle Exception. After all, the trooper had already observed cocaine on the console. This gave him probable cause to look further. Because the cocaine was seized pursuant to this investigative search, it did not have to be listed on the trooper inventory report.
5. Best Practice: Officers should include any evidence discovered during an inventory on the form as well as in their incident report.