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Inventory search without an impoundment was invalid

By John Wesley Hall, Jr.

A classic case of a bogus inventory as a general search without impoundment is State v. Griffin, 2008 La. App. LEXIS 242 (1st Cir. February 8, 2008), reversing a life sentence: The facts and circumstances of this case indicate that the "inventory search" of the defendant's vehicle was actually a pretext to search for illegal drugs. Although the officers recorded information about the contents of the vehicle, they made absolutely no attempt to determine whether an inventory search could have been avoided. There is no indication in the record that the vehicle could not have remained safely at the place where it was stopped. The purported "inventory search" was conducted on location immediately upon the defendant's arrest. It is not clear whether a tow truck was called before the search commenced or whether one was ever called at all...continue to full post

Full post as published by Fourth Amendment on February 29, 2008 (boomark / email).