Search Warrant Exceptions: (4) Inventory Search

The fourth search warrant exception is referred to as an “inventory search.” During an inventory search the police justify the search of a motor vehicle as an administrative function, as opposed to an investigatory one. During the inventory search exception, police don’t need a search warrant or probable cause. The only requirement is that the vehicle is being lawfully impounded. 

Therefore, if a vehicle is parked illegally and the police have lawful authority to tow the vehicle, they also have authority to conduct a warrantless “inventory” search. The search is not limited to items in  plain view, or a general inventory of items in the vehicle. Depending on department policy, the search may even include locked containers inside the vehicle.

Some police agencies take a conservative view of inventory searches and do not typically dig through a vehicle in great detail, while others with a more liberal policy may thoroughly inventory a vehicle before impounding it. Importantly, the courts will not invalidate an inventory search even if the officer had preexisting suspicion that evidence might be found inside the vehicle. However, if that officer deviates from the generally accepted practice or written policy of the agency in conducting the inventory search, it may be possible to argue that the search was no longer administrative in nature and was, in-fact, intended to be used to uncover evidence or contraband. 

Inventory searches are relatively routine. If the police uncover contraband or evidence of a crime while conducting the search, it is important to have an experienced and qualified attorney review the search and the circumstances leading to the search to ensure his/her client’s constitutional rights are protected.