Ep. #297: Can cops routinely search stolen vehicles?

📌 You may conduct an inventory search whenever you impound a vehicle. The main purpose of the inventory is specific—to protect your agency from false allegations about stolen or damaged property and protect the owner from theft or damage caused by tow companies. These inventories are searches, but they are not for evidence. Of course, plain view applies.

You cannot use vehicle inventories as a pretext to search a vehicle for contraband. This behavior is unlawful and can result in the suppression of evidence and 1983 lawsuits. In other words, officers cannot use inventories as a loophole to the probable cause requirement. Colorado v. Bertine, 479 U.S. 367 (1987). Additionally, some states require police to give on-scene owners the opportunity to take possession of their vehicle, if feasible, instead of towing it. Commonwealth v. Naughton, 2003 Mass. Super. LEXIS 65 (Mass. Super. Ct. 2003).

Finally, if you want to inventory a locked container, develop probable cause or get consent. I would not break it open under your inventory policy.

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