Inventory Searches Flashcards
Inventory of a Vehicle
warrantless and supicionless routine inventory search of a lawfully impounded whicle is reaonsable under the fourth amendment
- both a search and seizure; exception to warrant and PC
Inventory of a Vehicle Showing
- lawful impoundment (triggers the need to perform search)
- impounding must be lawful
- pursuant to a valid SOP (standard operating procedures)
Police SOPs
police may inventory any lawfully impounded vehicle only if it is selected for inventory pursuant to and the inventory is conducted consistent with routine or standard police procedures
- limits police discretion
Inventory of a Vehicle Scope
all accessible areas of he vehicle, including the passenger compartment and the trunk, containers, anywhere valuable of dangerous items could be hidden
Inventory of a vehicle rationale
must further the community caretaking function
inventory of a person
an incidental administratice step following arrest and preceding incarceration
NOTE: not justified by SITA because search was not contemp.
Inventory of a Person Showing
- lawful arrest
- prospective incarceration
- pursuant to police SOP
Inventory of a person Scope
arrestees person and containers, strip searches may be permissible, but this would have to be justified by the practical necessities of jail administration
Inventory of a person Rationale
deter theft and careless handling of arrestees property by police, deter false claims by arrestees, prevent injury to arrestees and others in the jail by dangerous instrumentalities, ascertain and verify arrestee’s identification
when a driver is arrested, police may
- allow a third party to take custody
- have the vehicle taken to nearest parking facility, lock it, and take the keys
- impound the vehicle and inventory its contents
What is the basis for lawful impoundment
must further the community caretaking function meaning
1. efficient traffic flow
2. public safety or
3. public convienence
