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Inventory Search Which Included Removal of Seat Panels and Speakers Okay

Over a substantial dissent by Judge Rivera, the Court of Appeals, in a full-fledged opinion by Judge Piggot, determined a vehicle search after a DWI arrest, in which an illegal weapon was found, was a valid inventory search.  The defendant had argued that the removal of seat panels that were askew and a speaker system demonstrated that the search was not a inventory search because the search was focused on finding contraband:

Following a lawful arrest of a driver of a vehicle that is required to be impounded, the police may conduct an inventory search of the vehicle. The search is “designed to properly catalogue the contents of the item searched” …. However, an inventory search must not be “a ruse for a general rummaging in order to discover incriminating evidence” …. To guard against this danger, the search must be conducted pursuant to an established procedure “clearly limiting the conduct of individual officers that assures that the searches are carried out consistently and reasonably” …. “While incriminating evidence may be a consequence of an inventory search, it should not be its purpose” …. The People bear the burden of demonstrating the validity of the inventory search ….

Here the People proffered written guidelines, the officer’s testimony regarding his search of the vehicle, and the resulting list of items retained. Although defendant takes issue with the officer’s removal of the speakers by arguing that such action was a ruse designed to search for drugs, the officer’s testimony that it was police protocol to remove any owner-installed equipment, was accepted by the hearing court and we perceive no grounds upon which to overturn that determination. * * *

It was reasonable for the officer to check in the seat panels that were askew as part of his inventory. The fact that the officer knew that contraband is often hidden by criminals in the panels did not invalidate the entire search… .  People v Padilla, No 114, CtApp, 6-6-13

SUPPRESSION

 

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