There are several exceptions to the general requirement that police may not search your home, vehicle, or person without a warrant. 

Needless to say, police often use these searches as a pretext to look for evidence of criminality. One is called an “inventory search”, and is usually utilized when an arrest involves a motor vehicle and the vehicle is impounded. Such searches are supposed to be conducted under written regulations, and are designed to safeguard personal belongings and protect police against claims for lost or damaged property.  New York law has held that the hallmark of any inventory search is the production of a written “inventory” of every item located in an inventory search. No discretion is given to police. They are required to list everything, not just contraband or incriminating evidence. A skilled defense lawyer, with knowledge of the law of search and seizure, can challenge improperly collected evidence gathered during an “inventory search”.

Can Items Uncovered in an Inventory Search Be Used Against You?

Following Departmental Guidelines or Regulations

Every law enforcement agency should have strict guidelines detailing how and when an inventory search can be conducted. If the arresting officer fails to follow those guidelines or uses the search as a pretext to look for incriminating evidence, your lawyer can move to suppress such evidence. It is important for your attorney to obtain the local police department guidelines in discovery.

When is an inventory search allowed?

Inventory searches are limited in vehicle situations to where the vehicle is impounded. Vehicles may be impounded only in certain limited circumstances. If there is a passenger who can drive it home, or if it could be locked up and left where it is, it cannot be subjected to an inventory search.

When Evidence Can Be Used

While there are exceptions, evidence discovered during a valid inventory search is admissible, as long as the officers followed applicable law. Your defense lawyer will examine the conduct of police, identify any deficiencies, and work to ensure your rights are protected.

When police arrest and search you, you need an attorney who will protect your rights. For nearly 40 years, Thomas A. Corletta, Attorney at Law has fought for the rights of Monroe County, NY, defendants facing a broad range of criminal charges. Because he is a solo practitioner, you will always work directly with an attorney who has an in-depth understanding of the law and an impressive track record. Visit him online for more on his criminal defense expertise, follow him on Twitter and Facebook for legal news and updates, or call (585) 546-5072 to schedule a consultation.