Vehicle Inventory

Sometimes, law enforcement officers need to take an inventory of a vehicle’s contents. This usually happens when a vehicle is impounded – that is, taken and stored by law enforcement. The purpose of an inventory is to protect the vehicle owner’s property, to protect law enforcement against claims or disputes over lost or stolen property, and to protect police officers from potential danger (South Dakota v. Opperman, 428 U.S. 364, 1976).

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The Procedure

When an inventory is conducted, police officers make a list of what’s inside the vehicle. However, this is not meant to be a sneaky way for police officers to search a vehicle without a warrant. In fact, the U.S. Supreme Court has made it clear that an inventory should not be a ruse for a search (Colorado v. Bertine, 479 U.S. 367, 1987).

Rules and Limitations

There are important rules to follow when law enforcement conducts a vehicle inventory. The inventory must be carried out following standardized police procedures, and the officer should not make decisions based on suspicions about the vehicle or its owner (Florida v. Wells, 495 U.S. 1, 1990). If the officer finds evidence of a crime during the inventory, it can be used in court because it was found during a lawful procedure and not a warrantless search.

Plain View Doctrine and Inventory Search

During a vehicle inventory, the plain view doctrine can often come into play. The plain view doctrine is a concept in criminal law that allows a law enforcement officer to seize evidence and contraband found in plain sight during a lawful observation.

Imagine a scenario where a police officer is conducting an inventory search of an impounded vehicle. While making a list of items inside the vehicle, the officer notices a bag of illegal drugs on the passenger seat. This is where the plain view doctrine comes into action.

The plain view doctrine has three key requirements: the officer must be lawfully present at the place where the evidence can be plainly viewed, the officer must have a lawful right of access to the object, and the incriminating character of the object must be “immediately apparent” (Horton v. California, 496 U.S. 128, 1990).

In the context of an inventory search, the police officer is lawfully present because they are performing a routine inventory of the vehicle’s contents. They have a lawful right of access to the object because it’s in plain view inside the vehicle. If the object, for example, illegal drugs, is immediately apparent as evidence of a crime, then the officer can seize it under the plain view doctrine.

In this way, the plain view doctrine can allow law enforcement officers to lawfully seize evidence during a vehicle inventory without violating the Fourth Amendment rights against unreasonable searches and seizures.

Summary

A vehicle inventory is a routine procedure done when a vehicle is impounded. Its purpose is to protect everyone involved: the vehicle owner, the police officers, and the law enforcement agency.

This procedure has rules to ensure it’s not used as an excuse to search a vehicle without a warrant. By following standardized procedures, police can ensure that the inventory process respects the rights of individuals while also fulfilling its purposes.

Modification History

File Created:  08/08/2018

Last Modified:  07/17/2023

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