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OH8: Inventory that was admittedly investigatory was invalid

By John Wesley Hall, Jr.

The defendant’s vehicle was lawfully searched and towed, but the scope of inventory was clearly pretextual, and cocaine found under the trunk carpet is suppressed. State v. Wells, 2010 Ohio 4000, 2010 Ohio App. LEXIS 3404 (8th Dist. August 24, 2010): [*P13] An inventory search conducted with an investigatory intent and not in the manner of an inventory search does not constitute an inventory search. State v. Seals, 8th Dist. No. 90561, 2008 Ohio 5117, P28, citing Caponi, supra. It is apparent that Officer Yasenchack used the inventory search as a "pretext" for searching for more evidence. If he suspected evidence was in the wheel well, he should have obtained a search warrant to inspect it. The vehicle was not at risk of being driven away because, as Officer Yasenchack testified, it was to be towed to a secured police parking lot...continue to full post

Full post as published by Fourth Amendment on September 01, 2010 (boomark / email).