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CA8: Police protocol justified towing and inventory of vehicle that would have been left on restaurant parking lot

By John Wesley Hall, Jr.

Defendant was stopped in a restaurant parking lot and arrested. It was reasonable to tow his vehicle under protocol rather than just leave it, so the inventory was valid. Since the search was valid as an inventory, Gant was inapplicable. United States v. Frasher, 2011 U.S. App. LEXIS 3027 (8th Cir. February 16, 2011): The record supports the determination that the search of the vehicle was permissible as an inventory search. Frasher's vehicle was parked in a restaurant parking lot, and there was no responsible person able to take immediate custody of the vehicle. Standard protocol was to tow Frasher's vehicle. Fries arrived after Frasher's arrest and did not know that Tilley had discussed a tow waiver with him. Fries offered to help with the search and the tow waiver to comply with the standard police procedures; he did not decide to tow the vehicle solely to search the vehicle for incriminating evidence...continue to full post

Full post as published by Fourth Amendment on February 18, 2011 (boomark / email).