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Officer Takes "Inventory" of Car Contents in CA : Warrantless Search?

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AlexStratus

Junior Member
In California, police officer after announcing the driver will be arrested for warrant and the car impounded for expired registration, says he is going to "inventory" the contents of the car. The car owner/operator/driver tells the officer he does not consent to an "inventory" or a search of the car. The officer seemed to believe he had some duty to inventory the contents, perhaps for the owner's benefit in case the tow truck driver be suspected of removing something.


The question: Since when do police do "inventory"? It seems to be an excuse to search a car without a warrant, probable cause or reasonable articulable suspicion
 
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Some Random Guy

Senior Member
Yes, the courts have consistently held that inventory searches are permissible. If you don't want to have an inventory search of your car, don't get caught doing something that results in towing your vehicle. THis has been standard police procedure for many years.

Here are some court citations that discuss the admissibility and rules regarding inventory searches.

Welcome to Legal Update
 
justalayman

justalayman

Senior Member
Since when do police do "inventory"?
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for as long as I can remember when a car is impounded.

It seems to be an excuse to search a car without a warrant, probable cause or reasonable articulable suspicion
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sure looks like that and actually is in a lot of cases. Problem is the courts have accepted the officers right to perform an inventory of the contents of the vehicle so you can deny consent all you want and it won't mean a thing.

the big question is: did they have a right to impound the car. The don't have the right to impound a car just because they arrested you.
 
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anearthw

Member
justalayman said:
the big question is: did they have a right to impound the car. The don't have the right to impound a car just because they arrested you.
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The car was impounded for expired registration.

OP: "Inventory" is usually done by the police when they tow the vehicle. It doesn't matter if it is because you are under arrest, or if it is because the vehicle was located abandoned missing a tire.

It is done to protect the owner of the vehicle (to keep track of your vehicle contents) as well as protect the liability of the police from future claims about any items while the vehicle is in storage.

If a person happens to drive around with illegal articles in their vehicle, well, that's just not a smart idea especially if the vehicle is in your name and there is an active warrant for your arrest. Expired registration is just icing on the cake and you are asking to be pulled over.
 
CdwJava

CdwJava

Senior Member
AlexStratus said:
The question: Since when do police do "inventory"? It seems to be an excuse to search a car without a warrant, probable cause or reasonable articulable suspicion
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It has been recognized law for pretty much all of my career. There are a number of case law decisions affirming this practice, the earliest on point (that I know of) being in 1987 and affirmed a few times since then by state courts and even the USSC.

Some of these cases include: Bertine (1987) 479 U.S.367; Wells (1990) 495 U.S. 1, 4; Bowhay (9th Cir. 1993) 992 F.2d 229, 231; Needham (2000) 79 Cal.App.4th 260, 266 ... ad nasueum

The driver/owner/operator need not give consent. And the officer can search the trunk and any locked contents within the vehicle as well.

And I see two authorities for the impound (and thus, the inventory). One being the arrest. If arrested, the vehicle can be towed pursuant to CVC 22651(h). If expired more than 6 months, the vehicle may be towed pursuant to CVC 22651(o). Unless there is some extenuating circumstance such as the vehicle being in a driveway or the owner's personal property, the impound and inventory is almost certainly lawful.

Is these some extenuating circumstance that might be relevant?
 
CdwJava

CdwJava

Senior Member
justalayman said:
thanks. I read over the expired registration.

but having a warrant would not, in itself, allow for towing the vehicle.
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Well ... yes and no.

An arrest allows for a tow pursuant to CVC 22651(h). But!! The officer must also articulate a community caretaking function.

From CPOLS published by the CA Attorney General:
However, the Ninth Circuit Court of Appeals and one California state appellate court have determined that statutory authority for impounds is insufficient, in itself, to justify a vehicle impound. These courts additionally require a separate, independent justification for the impound under the "community caretaking" exception to the warrant requirement. (Miranda (9th Cir. 2005) 429 F.3d 858; Williams (2006) 145 Cal.App.4th 756; but see Hoyos (2007) 41 Cal.4th 872, 892--no mention of the community caretaking requirement.)

The Williams court explained that the statutory authority to impound set forth in Vehicle Code section 22651 "may constitute a standardized policy guiding officers' discretion" whether to impound following arrest, but that was only half the inquiry. In addition to standardized policy there must also be a "community caretaking" purpose for impoundment of the car in those circumstances. (Williams (2006) 145 Cal.App.4th 756, 763.)

What, then, qualifies as proper community caretaking justifying vehicle impounds? The Williams court, in dicta, listed the following considerations: Would the car be stolen, broken into, or vandalized where it was parked? Was it blocking a driveway or crosswalk? Did it pose a hazard or impediment to other traffic? Would leaving it there result in its immediate and continued unlawful operation by an unlicensed driver? (See Williams (2006) 145 Cal.App.4th 756, 762-763.)​
There are more decisions as well.

Bottom line is that it is not difficult to make such an articulation.

So, yes the vehicle CAN be impounded as a result of an arrest, but, there also has to exist some articulated community caretaking interest to support the impound.
 
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AlexStratus

Junior Member
Not Heard Them Call It An "Inventory" Before

Yes the registration was over 6 months past due. I have had vehicles impounded several times before and I never had such a complete inventory like this. And I do not recall ever hearing an officer say "I am going to do an inventory of the car's contents." When a car is impounded because the driver's license is suspended, they always take the car (for 30 days) but they don't arrest the driver. When this happened to me, they did not do any inventory. They did not even open the trunk.

Perhaps this was just the first time my car was thoroughly inventoried. Several years ago I was arrested and my car impounded and while I was standing on the sidewalk, one of the officers opened the passenger door and sat down in the seat and opened the glove box and started looking thry it. I said that I did not consent to a search of the car. He replied, "it's my car now" implying that he could do whatever he wanted, but he closed the glove box and got out of the car and stopped searching.

So do they make an itemized list of all the contents of any car impounded?

I thought that they can only search areas within the reach of the driver to determine there are no weapons within the drivers reach. So if there is a weapon in the trunk, it should not be touched apparently, unless the vehicle is impounded.

It is just another way to circumvent our rights if they feel like it.

"Whensoever the General government assumes undelegated powers, its acts are unauthoritive, void and of no force."
 
Zigner

Zigner

Senior Member, Non-Attorney
AlexStratus said:
Yes the registration was over 6 months past due. I have had vehicles impounded several times before and I never had such a complete inventory like this. And I do not recall ever hearing an officer say "I am going to do an inventory of the car's contents." When a car is impounded because the driver's license is suspended, they always take the car (for 30 days) but they don't arrest the driver. When this happened to me, they did not do any inventory. They did not even open the trunk.

Perhaps this was just the first time my car was thoroughly inventoried. Several years ago I was arrested and my car impounded and while I was standing on the sidewalk, one of the officers opened the passenger door and sat down in the seat and opened the glove box and started looking thry it. I said that I did not consent to a search of the car. He replied, "it's my car now" implying that he could do whatever he wanted, but he closed the glove box and got out of the car and stopped searching.

So do they make an itemized list of all the contents of any car impounded?

I thought that they can only search areas within the reach of the driver to determine there are no weapons within the drivers reach. So if there is a weapon in the trunk, it should not be touched apparently, unless the vehicle is impounded.

It is just another way to circumvent our rights if they feel like it.

"Whensoever the General government assumes undelegated powers, its acts are unauthoritive, void and of no force."
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I can honestly say that I don't even personally KNOW anybody who has had their car impounded. Seriously, it's easier and cheaper to do things the right way :rolleyes::rolleyes::rolleyes:
 
CdwJava

CdwJava

Senior Member
AlexStratus said:
So do they make an itemized list of all the contents of any car impounded?
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It depends on the level of the detail that the agency expects or the officer is willing to get in to. It is usually a general listing of the contents and the most notable items found such as televisions, jewelry, cash, etc.

I thought that they can only search areas within the reach of the driver to determine there are no weapons within the drivers reach. So if there is a weapon in the trunk, it should not be touched apparently, unless the vehicle is impounded.
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In some instances the police would not be able to search the car at all upon an arrest. An impound gives the officer carte blanche whereas an arrest without the impound might only give the officer the opportunity to search within lunge distance of the suspect, if even that.

It is just another way to circumvent our rights if they feel like it.
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If it is lawful, and has been upheld by the USSC, how is it circumventing you rights?

And if you keep getting cars impounded, perhaps you need to obey the law and also get and maintain a valid license.
 
D

Dillon

Senior Member
AlexStratus said:
In California, police officer after announcing the driver will be arrested for warrant and the car impounded for expired registration, says he is going to "inventory" the contents of the car. The car owner/operator/driver tells the officer he does not consent to an "inventory" or a search of the car. The officer seemed to believe he had some duty to inventory the contents, perhaps for the owner's benefit in case the tow truck driver be suspected of removing something.


The question: Since when do police do "inventory"? It seems to be an excuse to search a car without a warrant, probable cause or reasonable articulable suspicion
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one can waive their right to sue, therefore an inventory is unnecessary and therefore an unreasonable search.

one might notice the police of a rental fee for the use of ones property w/o a warrant, and if police have my car towed they stipulate and agree my car will remains locked and under Video Surveillance at all times and therefore no inventory is necessary. also if towed the state stipulates for the record they are not legal owner of the car.

equitable owner and legal owner are not the same.

equitable ownership Defined:

Beneficiary of a property being held in a trust (by registration with the state).

legal OWNERSHIP Defined:

Title to property. The right by which a thing belongs to some one in particular, to the exclusion of all other persons.
 
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Zigner

Zigner

Senior Member, Non-Attorney
Dillon said:
one can waive their right to sue, therefore an inventory is unnecessary and therefore an unreasonable search.
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The officer is not authorized to accept such a waiver. Thus, waiving one's right to sue is totally irrelevant, particularly at the side of the road. :rolleyes:

one might notice the police of a rental fee for the use of ones property w/o a warrant, and if police have the car towed they stipulate and agree the car will remains locked and under Video Surveillance at all times and therefore no inventory is necessary. also if towed the state stipulate for the record they are not legal owner of the car.
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One might also notice that this is absolute rubbish :rolleyes::rolleyes:

equitable owner and legal owner are not the same.

equitable owner Definition:

Beneficiary of a property being held in a trust (by registration with the state).


Read more: equitable owner Definition
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Just more rubbish spewed from Dillon :rolleyes::rolleyes::rolleyes:
 
S

Some Random Guy

Senior Member
Dillon said:
one can waive their right to sue, therefore an inventory is unnecessary and therefore an unreasonable search.
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Please cite any court cases you can find which support your viewpoint.

Dillon said:
one might notice the police of a rental fee for the use of ones property w/o a warrant,
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Please cite any court case in which a person can make a unilateral contract of adhesion in which the police suddenly become liable to the person civilly for performing their duties.

Dillon said:
and if police have the car towed they stipulate and agree the car will remains locked and under Video Surveillance at all times and therefore no inventory is necessary. also if towed the state stipulate for the record they are not legal owner of the car.
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And why would the police or impound yard ever agree to or stipulate these things?
 
D

Dillon

Senior Member
Some Random Guy said:
Please cite any court case in which a person can make a unilateral contract of adhesion in which the police suddenly become liable to the person civilly for performing their duties.

And why would the police or impound yard ever agree to or stipulate these things?
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i will cite nothing, think, its not about laws in about ones RIGHTS to my property.

the police agreement/contract by their voluntary ACTION of taking my car w/o a warrant.

it my car and my stuff, Right? i am the legal owner, get a warrant !!!

its ALL ABOUT CONTRACTS like Notice to Appear contracts, Right.
 
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