Section 9.29 Inventory

• Library: Criminal Practice 2012 Supp

a. (§9.29) Inventory

“Inventory searches are a well-defined exception to the probable cause and warrant requirements of the Fourth Amendment.” State v. Shelton, 871 S.W.2d 598, 599 (Mo. App. E.D. 1994); Colo. v. Bertine, 479 U.S. 367, 371 (1987). Accord State v. Jones, 865 S.W.2d 658, 660 (Mo. banc 1993). Several rationales have been advanced for the inventory exception, including protecting the owner’s property while it is in police custody; guarding against claims of lost, stolen, or damaged property; and protecting the police from possible danger. Id. at 659 (citing Bertine, 479 U.S. at 372); see also S.D. v. Opperman, 428 U.S. 364, 369 (1976); Shelton, 871 S.W.2d at 599. These searches implicate “routine caretaking administrative functions,” State v. Donohoe, 770 S.W.2d 252, 259 (Mo. App. W.D. 1989), and, thus, are outside the normal requirements of the Fourth Amendment.

Inventory searches may be conducted of vehicles, Opperman, 428 U.S. at 369, or individuals who have been arrested, Ill. v. Lafayette, 462 U.S. 640 (1983), or detained for detoxification, State v. Friend, 711 S.W.2d 508, 510 (Mo. banc 1986). The key is that the decision to impound and inventory be conducted in accordance with standard procedures. State v. Milliorn, 794 S.W.2d 181, 186 (Mo. banc 1990) (quoting Opperman, 428 U.S. at 375); see also State v. Allen, 817 S.W.2d 526, 527 (Mo. App. E.D. 1991). “An inventory search is valid where...