Changing Lanes: New Directions in Vehicle Search Law The Gant Opinion & Inventory Law

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Changing Lanes: Changing Lanes: New Directions in Vehicle New Directions in Vehicle Search Law Search Law The The Gant Gant Opinion & Inventory Law Opinion & Inventory Law Joseph Hoelscher Joseph Hoelscher (210) 378-5639 (210) 378-5639 Blakely Mohr Blakely Mohr (210) 422-0797 (210) 422-0797 123 S. Flores San Antonio, Texas 78204

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Changing Lanes: New Directions in Vehicle Search Law The Gant Opinion & Inventory Law. Joseph Hoelscher (210) 378-5639. Blakely Mohr (210) 422-0797. 123 S. Flores San Antonio, Texas 78204. Arizona v. Gant Facts. Rodney Gant pulled up in his car at a crime scene. - PowerPoint PPT Presentation

Transcript of Changing Lanes: New Directions in Vehicle Search Law The Gant Opinion & Inventory Law

Page 1: Changing Lanes:  New Directions in Vehicle Search Law The  Gant  Opinion & Inventory Law

Changing Lanes: Changing Lanes: New Directions in Vehicle Search LawNew Directions in Vehicle Search Law

The The GantGant Opinion & Inventory Law Opinion & Inventory Law

Joseph HoelscherJoseph Hoelscher

(210) 378-5639(210) 378-5639Blakely MohrBlakely Mohr

(210) 422-0797(210) 422-0797

123 S. FloresSan Antonio, Texas

78204

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Arizona v. GantArizona v. Gant Facts Facts Rodney Gant pulled up in his car at a crime Rodney Gant pulled up in his car at a crime

scene.scene. Officers recognized him, knew that his license Officers recognized him, knew that his license

was suspended, and knew that he had a was suspended, and knew that he had a warrant for driving on a suspended licensewarrant for driving on a suspended license

Gant parks, exits, closes door, and gets Gant parks, exits, closes door, and gets arrested 10-12 feet from vehiclearrested 10-12 feet from vehicle

He’s handcuffed and placed in the back of a He’s handcuffed and placed in the back of a cruisercruiser

THEN the officers search his car, finding coke THEN the officers search his car, finding coke in a jacket pocketin a jacket pocket

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PosturePosture Gant argues to suppress the coke because Gant argues to suppress the coke because

he posed no danger to the officers, nor to he posed no danger to the officers, nor to any evidence, once he was securedany evidence, once he was secured

Officer admits he searched, “Because the Officer admits he searched, “Because the law says we can do it.”law says we can do it.”

Az Supreme Court held that Az Supreme Court held that BeltonBelton doesn’t doesn’t apply when a scene has been securedapply when a scene has been secured

The dissenting justices followed The dissenting justices followed BeltonBelton but but noted that it “probably merits noted that it “probably merits reconsideration” and asked for cert.reconsideration” and asked for cert.

USSC agreedUSSC agreed

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History of Vehicle Search LawHistory of Vehicle Search Law

““searches conducted outside the searches conducted outside the judicial process, without prior judicial process, without prior approval by judge or magistrate, are approval by judge or magistrate, are per se per se unreasonable under the unreasonable under the Fourth Amendment—subject only to Fourth Amendment—subject only to a few specifically established and a few specifically established and well-delineated exceptions.” well-delineated exceptions.” Katz v. Katz v. United States, United States, 389 U. S. 347, 357 389 U. S. 347, 357 (1967) (1967)

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History of Vehicle Search LawHistory of Vehicle Search Law

Among the exceptions to the warrant Among the exceptions to the warrant requirement is a search incident to a requirement is a search incident to a lawful arrest. lawful arrest. See Weeks v. United States, See Weeks v. United States, 232 U. S. 383, 392 (1914). 232 U. S. 383, 392 (1914).

The exception derives from interests in The exception derives from interests in officer safety and evidence preservation officer safety and evidence preservation that are typically implicated in arrest that are typically implicated in arrest situations. situations. See United States v. Robinson, See United States v. Robinson, 414 U. S. 218, 230–234 (1973); 414 U. S. 218, 230–234 (1973); Chimel v. Chimel v. California, California, 395 U. S. 752 (1969)395 U. S. 752 (1969)

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History of Vehicle Search LawHistory of Vehicle Search Law search incident to arrest may only include search incident to arrest may only include

“the arrestee’s person and the area “the arrestee’s person and the area ‘within his immediate control’—‘within his immediate control’—construing that phrase to mean the area construing that phrase to mean the area from within which he might gain from within which he might gain possession of a weapon or destructible possession of a weapon or destructible evidence.”evidence.” Chimel, 395 U. S., at 763. Chimel, 395 U. S., at 763.

New York v. BeltonNew York v. Belton applied applied ChimelChimel to the to the vehicle searchvehicle search

Thornton v. United States, Thornton v. United States, 541 U. S. 615 541 U. S. 615 (2004) – included passengers(2004) – included passengers

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BeltonBelton: Holding : Holding

When an officer lawfully arrests “the When an officer lawfully arrests “the occupant of an automobile, he may, as occupant of an automobile, he may, as a contemporaneous incident of that a contemporaneous incident of that arrest, search the passenger arrest, search the passenger compartment of the automobile” and compartment of the automobile” and any containers therein. any containers therein. New York v. New York v. Belton, 453 U. S. 454 (1981).Belton, 453 U. S. 454 (1981).

assumed that articles inside the assumed that articles inside the passenger compartment of a vehicle passenger compartment of a vehicle are generally within “the area into are generally within “the area into which an arrestee might reach.” which an arrestee might reach.”

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BeltonBelton: Facts: Facts

A single officer stops a car with four A single officer stops a car with four occupants for speedingoccupants for speeding

He notices a smell of marijuana and an He notices a smell of marijuana and an envelope marked “Supergold”envelope marked “Supergold”

Occupants are arrested and separated Occupants are arrested and separated on the roadside, but not handcuffedon the roadside, but not handcuffed

He searches the vehicle and finds coke He searches the vehicle and finds coke in the pocket of a jacket in the back seatin the pocket of a jacket in the back seat

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What’s Different in What’s Different in GantGant?? Gant had already exited the vehicleGant had already exited the vehicle Car door was closedCar door was closed Gant was outnumbered by the copsGant was outnumbered by the cops He was friskedHe was frisked HandcuffedHandcuffed Placed in the back of a cruiserPlaced in the back of a cruiser Arrested for a traffic violationArrested for a traffic violation

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GantGant Holding Holding1.1. Police may search a vehicle incident to a Police may search a vehicle incident to a

recent occupant’s arrest only when the recent occupant’s arrest only when the arrestee is unsecured and within arrestee is unsecured and within reaching distance of the passenger reaching distance of the passenger compartment at the time of the search compartment at the time of the search ((ChimelChimel))

2.2. Police may also search when it’s Police may also search when it’s “reasonable to believe evidence relevant “reasonable to believe evidence relevant to the crime of arrest might be found in to the crime of arrest might be found in the vehicle.” (the vehicle.” (Thornton v. United States, Thornton v. United States, 541 U. S. 615 (2004)541 U. S. 615 (2004)

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11stst Holding: Grabbing Distance Holding: Grabbing Distance

Because officers have many means Because officers have many means of ensuring the safe arrest of vehicle of ensuring the safe arrest of vehicle occupants, it will be the rare case in occupants, it will be the rare case in which an officer is unable to fully which an officer is unable to fully effectuate an arrest so that a real effectuate an arrest so that a real possibility of access to the arrestee’s possibility of access to the arrestee’s vehicle remains. Cf. 3 W. LaFave, vehicle remains. Cf. 3 W. LaFave, Search and Seizure §7.1(c), p. 525 Search and Seizure §7.1(c), p. 525 (4th ed. 2004)(4th ed. 2004)

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22ndnd Holding: Relevant Evidence Holding: Relevant Evidence

the offense of arrest will supply a the offense of arrest will supply a basis for searching the passenger basis for searching the passenger compartment of an arrestee’s vehicle compartment of an arrestee’s vehicle and any containers thereinand any containers therein

when a recent occupant is arrested when a recent occupant is arrested for a traffic violation, there will be no for a traffic violation, there will be no reasonable basis to believe the reasonable basis to believe the vehicle contains relevant evidencevehicle contains relevant evidence

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Other Ways to SearchOther Ways to Search When reasonable suspicion that someone is When reasonable suspicion that someone is

“dangerous” and may access vehicle to “gain “dangerous” and may access vehicle to “gain immediate control of weapons” immediate control of weapons” Michigan v. Michigan v. Long, Long, 463 U. S. 1032 (1983)463 U. S. 1032 (1983)

If there is probable cause to believe a vehicle If there is probable cause to believe a vehicle contains evidence of criminal activity, contains evidence of criminal activity, United United States v. RossStates v. Ross, 456 U. S. 798, 820–821 (1982), 456 U. S. 798, 820–821 (1982)

Protective sweep allowed if reasonable Protective sweep allowed if reasonable suspicion that a dangerous person is hiding suspicion that a dangerous person is hiding Maryland v. Buie, Maryland v. Buie, 494 U. S. 325, 334 (1990)494 U. S. 325, 334 (1990)

Inventory Searches – when driver arrestedInventory Searches – when driver arrested

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LimitsLimits

If some occupants are not arrested, If some occupants are not arrested, they may still pose a threatthey may still pose a threat

Search ok when non-occupants Search ok when non-occupants create a threat to safety or evidencecreate a threat to safety or evidence

Why rs not pc?Why rs not pc? Why only passenger compartment?Why only passenger compartment?

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1L Law1L Law

US & Tex Const. both guarantee the US & Tex Const. both guarantee the right to be secure from unreasonable right to be secure from unreasonable searches & seizures. searches & seizures.

Texas Code of Crim. Proc. Art. Texas Code of Crim. Proc. Art. 38.23(a) Forbids any evidence 38.23(a) Forbids any evidence obtained in violation of such obtained in violation of such guarantees to be admitted against guarantees to be admitted against an accused an accused

1L Law1L Law1L Law1L Law

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1L Law1L Law

Warrantless searches and seizures Warrantless searches and seizures are are per seper se unreasonable. unreasonable.

However, certain exceptions have However, certain exceptions have developed over the years to the developed over the years to the warrant requirement under federal warrant requirement under federal and state law allow warrantless and state law allow warrantless searches.searches.

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1L Law1L Law

Categories of warrantless searches Categories of warrantless searches related to arrests & detentions of related to arrests & detentions of persons and things:persons and things: (1) Searches Incident to Arrest(1) Searches Incident to Arrest (2) Searches of Objects Pursuant to (2) Searches of Objects Pursuant to

Reasonable Suspicion (e.g. Dog Sniff)Reasonable Suspicion (e.g. Dog Sniff) (3) Inventory Searches(3) Inventory Searches

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Need to Know Case Law for theNeed to Know Case Law for the Warrantless Inventory SearchWarrantless Inventory Search

Florida v. WellsFlorida v. Wells, 495 U.S. 1 (1990), 495 U.S. 1 (1990) Must be conducted pursuant to “standardized Must be conducted pursuant to “standardized

criteria” or “established routine”.criteria” or “established routine”. Colorado v. Bertine,Colorado v. Bertine, 479 U.S. 367 (1987) 479 U.S. 367 (1987)

No bright-line rule: “Reasonable police No bright-line rule: “Reasonable police regulations relating to inventory procedures regulations relating to inventory procedures administered in administered in good faithgood faith satisfy the 4AM, satisfy the 4AM, even though courts might…be able to devise even though courts might…be able to devise equally reasonable rules requiring a different equally reasonable rules requiring a different procedure.”procedure.”

Police Discretion Okay: “exercise of police Police Discretion Okay: “exercise of police discretion so long as that discretion is discretion so long as that discretion is exercised on the basis of something other than exercised on the basis of something other than suspicion of evidence of criminal activity”suspicion of evidence of criminal activity”

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Need to Know Case Law for theNeed to Know Case Law for the Warrantless Inventory SearchWarrantless Inventory Search

Benavides v. StateBenavides v. State, 600 S.W.2d 809 (Tex. Crim. , 600 S.W.2d 809 (Tex. Crim. App. 1980)App. 1980) Provides laundry list of situations where impoundment of Provides laundry list of situations where impoundment of

a vehicle would likely be permissiblea vehicle would likely be permissible Advises that a regulation mandating impoundment in Advises that a regulation mandating impoundment in

any situation where an individual is arrested is too broadany situation where an individual is arrested is too broad Rodriguez v. StateRodriguez v. State, 641 S.W.2d 955 (Tex. App-, 641 S.W.2d 955 (Tex. App-

Amarillo 1982)Amarillo 1982) Impoundment and Search must be carefully examined & Impoundment and Search must be carefully examined &

narrowly confined in each case.narrowly confined in each case. Crittenden v. StateCrittenden v. State, 899 S.W.2d 668 (Tex. Crim. , 899 S.W.2d 668 (Tex. Crim.

App. 1995)App. 1995) Stated there was no difference b/w the protections of Stated there was no difference b/w the protections of

Article 1, sec. 9 of the Texas Constitution and the 4AmArticle 1, sec. 9 of the Texas Constitution and the 4Am

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Inventory Definition & PurposeInventory Definition & Purpose In a valid inventory search, after lawfully In a valid inventory search, after lawfully

taking custody of property, police may taking custody of property, police may conduct a warrantless search of the conduct a warrantless search of the property to satisfy (3) three purposes:property to satisfy (3) three purposes:

(1) To protect the owner’s property while it is (1) To protect the owner’s property while it is in custodyin custody

(2) To protect the police against claims of (2) To protect the police against claims of stolen propertystolen property

(3) To protect the police from potential danger(3) To protect the police from potential danger

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Inventory in the Wake of Inventory in the Wake of GantGant

Search Incident to Arrest (SIA) was all the Search Incident to Arrest (SIA) was all the buzz!buzz!

Now: Cops won’t be able to laundry list!!!Now: Cops won’t be able to laundry list!!! But: Everyone is going to get towed!!!But: Everyone is going to get towed!!!

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Challenging Challenging Impoundment & InventoryImpoundment & Inventory

Begin with the end in mind!Begin with the end in mind! Standard of Review: Standard of Review:

Remember that the Court of Appeals get Remember that the Court of Appeals get to review to review de novode novo those issues where those issues where the trial court may have applied the law the trial court may have applied the law incorrectly to the facts.incorrectly to the facts.

Preserve error and object correctly!Preserve error and object correctly!

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Challenging Challenging Impoundment & InventoryImpoundment & Inventory

Burden of ProofBurden of Proof The BOP will switch to the State when you The BOP will switch to the State when you

properly raise your objection to the search properly raise your objection to the search and/or seizure.and/or seizure.

The State then has the burden to show that the The State then has the burden to show that the police followed the proper procedures.police followed the proper procedures.

Yaws v. StateYaws v. State, 38 S.W.3d 720, 723 (Tex. App.-, 38 S.W.3d 720, 723 (Tex. App.-Texarkana 2001, pet. ref’d).Texarkana 2001, pet. ref’d).

Failure by the State to show evidence that the search Failure by the State to show evidence that the search was conducted pursuant to the police department’s was conducted pursuant to the police department’s procedure will invalidate the search.procedure will invalidate the search.

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Challenging Challenging Impoundment & InventoryImpoundment & Inventory

Develop your attack – Develop your attack – Case law is Case law is wibbly-wabblywibbly-wabbly

Courts wants to sway from a bright-Courts wants to sway from a bright-line rule impeding authority, but they line rule impeding authority, but they also don’t want to create endless also don’t want to create endless impound & inventory searchesimpound & inventory searches

This is a great area to make some This is a great area to make some wakes in the law on appeal!wakes in the law on appeal!

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Challenging Challenging Impoundment & InventoryImpoundment & Inventory

Your Best bet – Argue PretextYour Best bet – Argue Pretext Establish Bad FaithEstablish Bad Faith Show Inconsistencies with the Officer’s Show Inconsistencies with the Officer’s

testimonytestimony Ask everything…inventory searches are Ask everything…inventory searches are

very fact drivenvery fact driven Was an inventory actually done?Was an inventory actually done? Was the inventory done according to Was the inventory done according to

procedure?procedure? What contents were actually inventoried?What contents were actually inventoried?

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10 Step Cheklist by Russell D. Hunt, Jr. "Understanding &

Challenging Inventory Searches", Voice for the Defense, Vol. 38 No.

4 (May 2009)

10 Step 10 Step Checklist for Litigating Checklist for Litigating “Pretext Impoundment”“Pretext Impoundment”

Making no mistakes is what establishes victory, Making no mistakes is what establishes victory, For it means conquering an enemy that is already For it means conquering an enemy that is already

defeated.defeated.~Sun-tzu~Sun-tzu

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The Ten Steps AppliedThe Ten Steps Applied

San Antonio Police San Antonio Police DepartmentDepartment

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Step 1Step 1Are there Policy Limitations?Are there Policy Limitations?

Were there Were there standardized criteria standardized criteria for an for an inventory search to limit the officer’s inventory search to limit the officer’s discretion in deciding discretion in deciding whether, when, whether, when, & how& how to conduct the purported to conduct the purported inventory?inventory?

If no, there may as well be no policy at If no, there may as well be no policy at all.all.

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Step 1Step 1Are there Policy Limitations?Are there Policy Limitations?

Standardized Criteria:Standardized Criteria:

San Antonio Police Dep’t General ManualSan Antonio Police Dep’t General Manual Procedure 502. “Warrantless, Arrests, Searches & Procedure 502. “Warrantless, Arrests, Searches &

Seizures”Seizures” Procedure 606. “Impounding Property”Procedure 606. “Impounding Property” Procedure 607. “Impounding Vehicles”Procedure 607. “Impounding Vehicles”

YES WE HAVE YES WE HAVE SOMESOME POLICY! POLICY!

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Step 2Step 2Determine Accuracy & UniformityDetermine Accuracy & Uniformity

Can the officer Can the officer articulate articulate the the standardized criteriastandardized criteria accurately or in accurately or in detail?detail?

Do the Do the standardized criteriastandardized criteria described described by other officers match those claimed by other officers match those claimed by the arresting officer?by the arresting officer?

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Step 2Step 2Determine Accuracy & UniformityDetermine Accuracy & Uniformity

SAPD are trained to articulate uniform policies… SAPD are trained to articulate uniform policies…

Proc. 502(.01): Proc. 502(.01): These guidelines are designed to assist officers of SAPD These guidelines are designed to assist officers of SAPD

in determining in determining how & when how & when it is appropriate to enforce it is appropriate to enforce the law through warrantless arrests, searches & the law through warrantless arrests, searches & seizures…seizures…

Proc. 607(.01):Proc. 607(.01): This procedure This procedure establishes guidelinesestablishes guidelines for the for the

impoundment of impoundment of motor vehiclesmotor vehicles…… Proc. 606(.01)(B): Proc. 606(.01)(B):

The confiscatory & custodial responsibilities of SAPD are The confiscatory & custodial responsibilities of SAPD are used as a basis for ANY impoundment of propertyused as a basis for ANY impoundment of property

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Step 3Step 3Is Policy Written or Oral?Is Policy Written or Oral?

If the policy is If the policy is in writingin writing, where is it?, where is it?

Is there a Is there a formalized, written policy formalized, written policy manual?manual?

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Step 3Step 3Is Policy Written or Oral?Is Policy Written or Oral?

Bexar County & SAPD have written Bexar County & SAPD have written policy…policy…

SAPD – Newly updated…734 PAGES!!!SAPD – Newly updated…734 PAGES!!! Available on CD for $1.00 through Records Available on CD for $1.00 through Records

Request /w fax to (210)207-4262Request /w fax to (210)207-4262 Bexar Co. Sheriff’s – Pain in the Ass!Bexar Co. Sheriff’s – Pain in the Ass!

Mandate a Freedom of Info. Act RequestMandate a Freedom of Info. Act Request But…policies identical…Chiefs & Deputies But…policies identical…Chiefs & Deputies

almost all retired SAPD almost all retired SAPD

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Step 4Step 4If the Policy is oral …If the Policy is oral …

If the policy is ORAL, describe how this If the policy is ORAL, describe how this custom & usagecustom & usage came into being and came into being and who the who the oral historiansoral historians are who are are who are responsible for it.responsible for it.

Consider subpoenaing several officers Consider subpoenaing several officers and getting them each to describe the and getting them each to describe the policy.policy.

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Step 4Step 4If the Policy is oral …If the Policy is oral …

WE HAVE WRITTEN POLICY…YAY!WE HAVE WRITTEN POLICY…YAY!

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Step 5Step 5Determine if a Link Exists!Determine if a Link Exists!

Is there any relationship between the arrest Is there any relationship between the arrest or impoundment and the need for an or impoundment and the need for an inventory?inventory?

E.g. Does the inventory stand on its own E.g. Does the inventory stand on its own and not as a search incident to arrest?and not as a search incident to arrest?

We now know that searches incident to We now know that searches incident to arrest are much more limited than they arrest are much more limited than they were before were before GantGant!!!!!!

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Step 5Step 5Determine if a Link Exists!Determine if a Link Exists!

607(.06)(A)(1)-(2)607(.06)(A)(1)-(2) Officers submit a written report, Officers submit a written report, showing showing

justification for impoundmentjustification for impoundment, when impounding , when impounding ANY VEHICLEANY VEHICLE…*…*

Provides for a couple exceptionsProvides for a couple exceptions Copies of the report are forwarded to:Copies of the report are forwarded to:

The Motor Vehicle Theft Detail ANDThe Motor Vehicle Theft Detail AND Municipal Court, if applicable, attached to Order of Municipal Court, if applicable, attached to Order of

ImpoundmentImpoundment Subpoenaing these records may show that no Subpoenaing these records may show that no

need or justification existed for an inventory!need or justification existed for an inventory!

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Step 6Step 6Find the Inventory FormFind the Inventory Form

Does the agency have an inventory Does the agency have an inventory form?form?

If so, was it used?If so, was it used?

IF NOT, the argument is that this WAS IF NOT, the argument is that this WAS NOT an inventory search, but an NOT an inventory search, but an investigative searchinvestigative search

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Step 6Step 6Find the Inventory FormFind the Inventory Form

YES! Look to 607(.06) Officer’s YES! Look to 607(.06) Officer’s ResponsibilitiesResponsibilities

Proc. 607(.06)(C)(1), (4)Proc. 607(.06)(C)(1), (4) Officers WILL complete the Officers WILL complete the Towing Service Towing Service

RecordRecord, listing any damage noted on vehicle., listing any damage noted on vehicle. Officers WILL use Officers WILL use Property ReceiptsProperty Receipts for ALL for ALL

impounded property…[and are] REQUIRED to impounded property…[and are] REQUIRED to complete SAPD Form No. 113, complete SAPD Form No. 113, Receipt for Receipt for PropertyProperty, for any property received from an , for any property received from an individualindividual

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Step 7Step 7Determine if Defendant Determine if Defendant

Participated in Inventory ProcessParticipated in Inventory Process

Was any list made?Was any list made?

Did the Defendant sign the inventory sheet to Did the Defendant sign the inventory sheet to show show he knewhe knew what was inventoried? what was inventoried?

If the officer’s theory is that If the officer’s theory is that he wants to he wants to protect defendant’s propertyprotect defendant’s property wouldn’t it be wouldn’t it be reasonable to confirm with Defendant that all reasonable to confirm with Defendant that all the property he expected was the property he expected was actually actually inventoried?inventoried?

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Step 7Step 7Determine if Defendant Determine if Defendant

Participated in Inventory ProcessParticipated in Inventory Process

607(.06)(C)(4)607(.06)(C)(4) Property Receipts will be used for Property Receipts will be used for all impounded all impounded

property, property, in accordance w/ 606in accordance w/ 606 606(.06)(B)(1)(a)-(c)606(.06)(B)(1)(a)-(c)

When impounding property…will complete…SAPD Form When impounding property…will complete…SAPD Form No. 113 No. 113 Receipt for PropertyReceipt for Property, in triplicate, for any , in triplicate, for any property received or confiscated from an individual. property received or confiscated from an individual.

SAPD Form No. 113 is routed as (1) an Original to SAPD Form No. 113 is routed as (1) an Original to Records Unit; Records Unit; (2) A copy to the person whom the (2) A copy to the person whom the property is takenproperty is taken; and (3) A copy to the appropriate ; and (3) A copy to the appropriate investigative follow-up unit.investigative follow-up unit.

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Step 8Step 8Objective Goals of the Inventory?Objective Goals of the Inventory?

How was the inventory conducted?How was the inventory conducted?

The thoroughness or lack of detail in performing The thoroughness or lack of detail in performing the inventory can give clues as to the inventory can give clues as to whether it was whether it was really an investigative searchreally an investigative search..

Likewise, if the Likewise, if the inventory essentially ends when the inventory essentially ends when the sough-after object is foundsough-after object is found, it is a , it is a criminal criminal evidentiary search !!!evidentiary search !!!

The goal of the search (evidence collection) had The goal of the search (evidence collection) had been reached so the search could end at that point.been reached so the search could end at that point.

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Step 8Step 8Objective Goals of the Inventory?Objective Goals of the Inventory?

607(.15) Inventory & Disposition of Property From 607(.15) Inventory & Disposition of Property From Impounded VehiclesImpounded Vehicles

(A) Officers Inventory all impounded vehicles for (A) Officers Inventory all impounded vehicles for any items of personal property. An inventory is a any items of personal property. An inventory is a process for locating personal property so it can process for locating personal property so it can be be protectedprotected while in the custody of SAPDwhile in the custody of SAPD

(B) An inventory is (B) An inventory is limitedlimited to places where a to places where a person person ordinarily would store or leave items of ordinarily would store or leave items of personal property, such as:personal property, such as: (1) Passenger Compartment, (2) Trunk, if key is (1) Passenger Compartment, (2) Trunk, if key is

available; and, (3) Any open container. available; and, (3) Any open container.

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Step 8Step 8Objective Goals of the Inventory?Objective Goals of the Inventory?

607(.15) Inventory & Disposition of Property From 607(.15) Inventory & Disposition of Property From Impounded VehiclesImpounded Vehicles

(C) All personal property found during an (C) All personal property found during an inventory of a vehicle is listed inventory of a vehicle is listed in the details of a in the details of a written reportwritten report. The personal property is listed . The personal property is listed according to the location where it was found (e.g. according to the location where it was found (e.g. under front seat, passenger compartment, trunk, under front seat, passenger compartment, trunk, etc.)etc.)

(D) All personal property found during an (D) All personal property found during an inventory of a vehicle is placed in the Property inventory of a vehicle is placed in the Property Room…(note exceptions Locked & Bulky)Room…(note exceptions Locked & Bulky)

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Step 8Step 8Objective Goals of the Inventory?Objective Goals of the Inventory?

From AccidentScene

607(.13)

RecoveredStolen Vehicle

607(.12)

AbandonedVehicle607(.11)

For TrafficViolations607(.10)

As Evidence607(.08)

As Prisoner’sPersonal Prop.

607(.09)

For Forfeiture607(.07)

WrittenConduct for

Impounding…

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Step 9Step 9Subjective Intent of Officer…Subjective Intent of Officer…

What was the true motivation for the What was the true motivation for the purported inventory?purported inventory?

This can be shown This can be shown circumstantiallycircumstantially by: by: How the search was conducted OR How the search was conducted OR How the officer referred to the inventoryHow the officer referred to the inventory

If police report calls the search “incident to If police report calls the search “incident to arrest”, it’s difficult for the officer to argue arrest”, it’s difficult for the officer to argue that it was an inventory search.that it was an inventory search.

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Step 9Step 9Subjective Intent of Officer…Subjective Intent of Officer…

Determine any flaws with his/her reportingDetermine any flaws with his/her reporting Many reports…look to language in writing…Many reports…look to language in writing…

Police ReportPolice Report Accident Report, if any.Accident Report, if any. Mandatory Written Reports showing justification Mandatory Written Reports showing justification

for impounding the vehicle (Proc. 607(.06)(A))for impounding the vehicle (Proc. 607(.06)(A)) Towing Service Record (TSR Form)Towing Service Record (TSR Form) Receipt for Property Duplicates (SAPD Form No. Receipt for Property Duplicates (SAPD Form No.

113)113) Impounded Vehicle Release (SAPD Form No. 13)Impounded Vehicle Release (SAPD Form No. 13)

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Step 9Step 9Subjective Intent of Officer…Subjective Intent of Officer…

Lock the officer down to his Lock the officer down to his words! words!

Inventory Searches = More Inventory Searches = More Paperwork!Paperwork!

Officers = Hate Paperwork!Officers = Hate Paperwork!

DO NOT LET THE DO NOT LET THE GOVERNMENT HAVE A GOVERNMENT HAVE A WEASEL IN THIS HUNT!WEASEL IN THIS HUNT!

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Step 10Step 10Flip the BurdenFlip the Burden

Inventories are warrantless searches Inventories are warrantless searches presumed invalidpresumed invalid under the Fourth under the Fourth Amendment, so…Amendment, so…

THE PROSECUTION HAS THE BURDEN THE PROSECUTION HAS THE BURDEN OF PROOF TO SUSTAIN THEM !!!OF PROOF TO SUSTAIN THEM !!!

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Step 10Step 10Flip the BurdenFlip the Burden

Argue the SAPD Policies and Argue the SAPD Policies and Procedures…Procedures…

Take everything you discovered in Take everything you discovered in Steps 1-9 and destroy that Officer’s Steps 1-9 and destroy that Officer’s testimonytestimony

There isn’t a lot of wiggle room when There isn’t a lot of wiggle room when everything you do is dictated word for everything you do is dictated word for word in a Manual.word in a Manual.