Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA4: Inventory policy giving passengers first opportunity to remove things not binding

By John Wesley Hall, Jr.

Despite the wording of the police inventory policy that police shall give passengers in a car to be towed the opportunity to remove valuables before hand, they are not required to do so. United States v. Battle, 2010 U.S. App. LEXIS 5427 (4th Cir. March 16, 2010) (unpublished): Battle argues that Officer Campbell deviated from the RPD policy because he failed to afford either himself or Laron an opportunity to remove any valuables from the vehicle before conducting an inventory search. For support that the RPD policy requires officers to allow passengers to remove valuables before towing, Battle points to Section III.B.2.b of the RPD policy, which provides that, "Prior to towing, the officer shall ... Ask the owner or operator of the vehicle to remove, if possible, all valuables from the vehicle prior to impoundment ...continue to full post

Full post as published by Fourth Amendment on March 18, 2010 (boomark / email).