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SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED.

The Second Department, over an extensive dissent, determined the search of defendant’s car was a valid inventory search:

The critical issue in this case is whether the officers’ search of the car, which was conducted back at the police district headquarters and not at the arrest location, was a legitimate inventory search. We conclude that it was. The People introduced a copy of the relevant patrol guide section outlining the procedures for inventory searches. Everything was removed from the car, under the direction of a sergeant, and even items such as nail clippers were vouchered. A contemporaneous list was made of the items that were removed, and the list was introduced at the hearing. Copies of property clerk invoices also were admitted in evidence at the hearing. The testimony at the hearing established that the officers did not exercise discretion in removing items from the car, and that the search was not a ruse to recover incriminating evidence … . People v Lee, 2016 NY Slip Op 07081, 1st Dept 10-27-16

CRIMINAL LAW (SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED)/SEARCH AND SEIZURE (SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED)/INVENTORY SEARCH (SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED)

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