I was backing up another Officer today and the question arose about the difference in Search incident to an arrest and Inventory. I have been told that while you are conducting an inventory if you find an illegal substance that you can not charge because you can not use an inventory as an evidentry search, the purpose of the inventory is to document the contents of the vehicle prior to impound for safety and liability. Several officers said that I was incorrect and that if you found any illegal substance you can charge them as long as the inventory is being conducted while you have a legal reasons for conducting the inventory.
I can not remember where I had learned that so if anyone has any reference to sustain or disprove my problem please let me know. My Lt. said that unless I can prove my stance that I will have to go by the other.
Thanks,
Troy Rowell
I can not remember where I had learned that so if anyone has any reference to sustain or disprove my problem please let me know. My Lt. said that unless I can prove my stance that I will have to go by the other.
Thanks,
Troy Rowell