5.8.2

• Jurisdiction: Arizona

§ 5.8.2 Inventory Search – Vehicle

1. General Rule. “Since June 25, 1973, it has been settled in Arizona that once law enforcement officials take possession and control of an automobile, it is lawful to inventory the contents of the automobile and use what is found as the basis for criminal prosecution.” State v. Walker, 119 Ariz. 121, 128, 579 P.2d 1091, 1098 (1978), citing In re One 1965 Econoline, etc., 109 Ariz. 433, 511 P.2d 168 (1973); State v. Ruiz, 109 Ariz. 437, 511 P.2d 172 (1973); see also South Dakota v. Opperman, 428 U.S. 364 (1976) (discussing inventory search exception); State v. Floyd, 120 Ariz. 358, 586 P.2d 203 (1978).

The inventory search must be conducted pursuant to established police department policy. The State must make this showing. See Arkansas v. Sullivan, 532 U.S. 769 (2001) (after arresting the defendant and placing him in squad car, officers conducted inventory search of defendant’s car pursuant to inventory policy); Florida v. Wells, 495 U.S. 1 (1990) (police department needs an inventory policy regarding opening closed containers); State v. Acosta, 166 Ariz. 254, 801 P.2d 489 (App. 1990) (Div. 1). See also United States v. Ramos-Oseguera, 120 F.3d 1028 (9th Cir. 1997) (search of pocket of jeans was not lawful inventory search because police procedure did not authorize looking in containers for valuables), overruled on other grounds, 225 F.3d 1053 (9th Cir. 2000); United States v. Garay, 938 F.3d 1108 (9th Cir. 2019) (the “government correctly contends that the seizure of Garay’s cell phone was justified as part of an inventory search in preparation for the car’s towing”). Searching locked containers during an inventory search does not violate the Fourth Amendment. Colorado v. Bertine, 479 U.S. 367, 371 (1987).

If there is probable cause to believe the car is subject to forfeiture, the Arizona forfeiture statutes provide that the vehicle may be seized and its contents immediately inventoried. A.R.S. §§ 13-4305 and 13-4306(C).

Warrantless searches of vehicles may be deemed reasonable in special circumstances where the police believe it necessary for the safety of the general public. Cady v. Dombrowski, 413 U.S. 433 (1973) (search of trunk of car involved in traffic accident which police towed to private garage was reasonable where hospitalized driver was a police officer believed to be carrying a revolver). See also “Community Caretaking,” under § 5.6.1.

2. Cases.

In State v. Wasbotten, 239 Ariz. 492, 372 P.3d 1016 (App. 2016) (Div. 1), officers conducted a...