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MN: Inventory for a parking violation with no arrest was invalid

By John Wesley Hall, Jr.

An inventory search of a motor vehicle was unreasonable because the police improperly impounded the vehicle of a driver who was cited but not arrested for two misdemeanor traffic offenses when the only justification for impoundment was protection of property. The driver had requested permission to make reasonable alternative arrangements for the disposition of the vehicle. State v. Gauster, 2008 Minn. LEXIS 322 (July 10, 2008): While the need for the police to protect the vehicle and its contents is often present when police officers arrest a driver, in this case Gauster was not arrested and therefore never relinquished control of his vehicle and had no need to leave it unattended. Further, the impoundment and towing statutes only authorize impoundment for safekeeping when the person in control of the vehicle is taken into custody...continue to full post

Full post as published by Fourth Amendment on July 14, 2008 (boomark / email).