Inventory Searches: What You Need to Know

Inventory searches are a common police procedure following an arrest, especially for DUI. But what exactly are inventory searches, and when are they allowed? This article provides an overview of inventory searches and key issues to understand about their legality.

An inventory search refers to a warrantless search of a vehicle conducted by police after taking custody of the vehicle. The purpose is supposedly to catalog the contents inside the vehicle while it is in police custody. This protects the owner’s property, protects the police from claims of lost/damaged property, and promotes officer safety.

For an inventory search to be lawful, two requirements must be met:

1. The law enforcement agency must have an established policy that standardizes the procedures for inventory searches.
2. The officer must conduct the search in accordance with that standardized procedure.

If an inventory search fails to meet these requirements, any evidence found as a result of the search may be suppressed and deemed inadmissible in court.

The Standardized Procedure Requirement

A key issue that arises in challenging inventory searches is whether the law enforcement agency actually has a standardized policy, and if so, what proof is required to establish this.

In State v. Toran, the prosecution did not introduce the written inventory search policy into evidence at the suppression hearing. However, the officer testified that the agency’s policy was to conduct an inventory search when the driver’s license was suspended, and that he conducts searches systematically.

The Ohio Supreme Court held this was sufficient to establish the agency had a policy. They noted the written policy itself did not need to be submitted as evidence. Rather, the officer’s testimony about the policy, combined with body cam footage of the search, was enough.

However, many legal experts argue this sets concerning precedent. Without seeing the actual written policy, how can you evaluate whether the search complied with standardized procedures? An officer simply testifying “we have a policy” does not provide transparency into what that policy entails.

Ideally, law enforcement agencies should have an explicit, written policy for inventory searches. This is the best way to ensure standardization and prevent officers from conducting searches however they see fit. As one article notes, “an explicit written inventory policy is the best way to meet the Supreme Court test of ‘standardized criteria.'”

What’s Allowed in an Inventory Search?

Another key issue is the permissible scope of inventory searches. The standardized procedures should outline specifically where officers are allowed to search and what they can look for.

For example, some policies may only allow examination of clearly visible areas like the passenger compartment. Others permit search of any unlocked containers, while prohibiting forced entry into locked areas.

In U.S. v. Alexander, the officer conducted a full “cab to trunk” search, including looking inside a locked safe. But there was no evidence of what the department’s procedures actually entailed.

The appeals court ruled this went beyond the inventory search exception, since there was no proof he followed standardized criteria. Rather, it seemed like a “general rummaging” to find evidence.

The scope of the search matters. If it clearly exceeds what would reasonably be necessary for inventory purposes, it may be deemed unlawful.

Inevitable Discovery Doctrine

Even if an inventory search is deemed invalid, the “inevitable discovery” doctrine may still allow evidence to be admitted.

This applies if police would have inevitably found the evidence through lawful procedures, regardless of the improper search. For example, if contraband is found during an invalid inventory search, but the person is also arrested for DUI, a valid search incident to arrest may have turned up the same evidence.

Takeaways for DUI Cases

Inventory searches arise frequently after DUI arrests, as officers take custody of the driver’s vehicle. If you are charged with DUI based on evidence found during a vehicle search, consider whether the search qualified as a lawful inventory search.

Key questions to explore include:

• Did police have a written inventory search policy, and was it introduced as evidence?
• Did the officer’s testimony establish they followed standardized procedures?
• Does body cam footage align with the standardized procedures described?
• Was the scope of search reasonable for inventory purposes?
• Is there reason to believe the “real” purpose was to uncover evidence, not catalog property?

Aggressive defense lawyers can often get inventory search evidence suppressed when police cut corners or exceed the bounds of their policies. This may lead to reduced or dismissed DUI charges.

Thoroughly examining the procedures and scope of any warrantless search is an important step in building a strong DUI defense. Never assume inventory searches are automatically valid and legal. Police must strictly follow protocols to ensure rights are protected.