G Inventory
Library | Illinois Decisions on Search and Seizure (2017 Ed.) |
G. Inventory
Florida v. Wells, 495 U.S. 1 (1990) (The defendant was arrested for driving under the influence. During an inventory of the car, the police opened a locked suitcase that was found in the trunk containing a garbage bag full of marijuana. HELD: Standard operation procedures must regulate an inventory, including the opening of closed containers found during an inventory search. An inventory policy regarding closed containers need not be "all or nothing." In other words, the policy may allow police discretion in deciding whether or not to open a closed container during an inventory of an automobile "in light of the nature of the search and the characteristics of the container itself." In this case, the search was unconstitutional because the police department lacked any policy with respect to opening of closed containers during an inventory search and was, consequently, insufficiently regulated. An inventory policy must prevent individual officers from turning an inventory search into a ruse for a general rummaging to discover incriminating evidence).
Colorado v. Bertine, 479 U.S. 367 (1987) (HELD: An inventory search requires neither a search warrant or probable cause so long as the process is a standard operation procedure of the police department. Here, the defendant was arrested for driving under the influence and taken into custody. The police then inventoried the contents of his vehicle at the scene of the arrest, including a backpack that contained contraband. An administrative inventory process helps to ensure the safety of the officers and promotes the protection of the defendant's property and the reduction of claims for lost, stolen or vandalized property filed against the police. In addition, the exercise of police discretion in effectuating the inventory is not prohibited so long as that discretion is exercised according to standardized criteria for purposes other than pursuit of suspicion of criminal activity).
South Dakota v. Opperman, 428 U.S. 364 (1976) (After the defendant had left his car illegally parked for an extended period of time, it was eventually impounded by the police. At that time, the defendant was not present to make other arrangements for the safekeeping of his belongings in the car. The police performed an inventory of the car pursuant to departmental inventory procedures that yielded, among other items, marijuana. The defendant was subsequently charged with possession of the contraband. HELD: Because there was no evidence to suggest that the inventory was a pretext for an investigatory police search, and due to the fact that such inventory procedures are widely used to promote the safekeeping of items impounded by the police, this search was constitutional. Thus, an inventory of an automobile without probable cause or a warrant within the police auto-pound was proper where the police action advanced a "community caretaking" interest. Pursuant to statutory law, municipal law, or departmental policy, an inventory is appropriate when a vehicle is lawfully seized. An inventory within the automobile is lawful if the vehicle is inspected routinely to secure its contents. Specifically, an inventory addresses three distinct needs: (1) protection of owner's property; (2) avoidance of police liability for lost articles; and (3) protection of police from potentially dangerous articles. Also, a car seized for parking violations may be inventoried. Finally, an inventory may include the contents of a glove compartment).
Cooper v. California, 386 U.S. 58 (1967) (holding where car impounded for forfeiture, search for protection of police held permissible).
People v. Gipson, 203 Ill. 2d 298, 786 N.E.2d 540 (2003) (After defendant's arrest for driving on a revoked license, State Police conducted inventory of defendant's vehicle pursuant to State Police department standard policy of conducting an inventory before towing vehicle of subject arrested for driving on revoked license. In trunk, in a closed bag was a closed black plastic bag containing cocaine. HELD: Although the procedures for conducting an inventory must be standardized, they need not be in writing. Where uncontradicted State Police testimony supported existence of such procedures, the fact that policy authorizing inventorying for valuables did not explicitly authorize inventory of closed...
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