Exception: Inventory Searches Flashcards
Why Police Impound Cars?
For several reasons—abandoned, illegally parked, in an unsafe condition or where operator is arrested
Inventory Search Requirements
If car is impounded, then police officers can automatically do “inventory searches”
… No probable cause is needed; No warrant is required; No exigency is needed
Must be carried out according to written procedures
Where Can PO conduct Inventory Search?
Can do search in the field or take it to the impound lot
How Can Inventory Search Occur?
If the operator is arrested and the police are going to impound the car, they can search it
Doesn’t need to give the operator of the car a chance to make other arrangements for the car (but they can)
Scope of Inventory Search
Can open containers
No search of hidden places; can’t take the car apart, but can look in places where a person could hide things
Justifications for an inventory search
Protect the citizens’ property by cataloging what is there
Keep the police from being falsely accused of stealing
Protection of police from danger
South Dakota v. Opperman (1976)
RULE: The police are allowed to inventory an impounded car If the procedure is designed to protect the vehicle and its contents
REASONING: 4th am. distinction between automobiles and homes
♣ Mobility; expectation of privacy less; public safety and difference in government regulation; “public nature” of auto travel
REASONING: Community care-taking functions—traffic-control activities for public safety and convenience
When Inventory Search Not Valid
Inventory search NOT VALID – really a pretext to search for evidence of a crime.
♣ Subjective motive of the search is considered - **there are limits
♣ Must be conducted pursuant to (local) standard procedures
People v. Zabala (2017)
D driving on suspended license–> impounded & dashboard removed & meth found
Not inventory search b/c too destructive of car but legal under automobile exception (developed probable cause of contraband)
Florence v. Board of Chosen (2012)
Jail strip search
RULE: As part of routine booking, police may inventory the arrestee’s possession, and examine contents within; individualized suspicion NOT necessary
REASONING: Deference to correctional officials to maintain the safety & deterrence of contraband into jail + Expectation of privacy is diminished in jail setting
Maryland v. King (2013)
RULE: DNA swab as part of booking police station for serious offense (supported by probable cause) doesn’t require warrant or individualized suspicion
REASONING: Balanced intrusiveness vs. interests—negligible and brief vs. safe and accuracy of processing and identification; Limited b/c did not reveal genetic info & only for specific individuals
