The Search & Seizure Show

Can you inventory locked containers?


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The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero here with blue to gold law enforcement training, bring it to the roadside chat from the studio since travel restrictions are in place. Alright. Today's question is, is can officers search a locked container during a vehicle inventory search? And before I give you the answer, I just want to remind my viewers to please hit subscribe, please visit me on YouTube and Twitter and get connected with me because what my goal is, I want to make the largest law enforcement community for getting answers and sharing tactics, getting legal, you know, answers and so forth. That's my goal, because I want to train all law enforcement officers in this vital information. And I want to work to, I want to help us all work together to share best practices. Alright, let's dive right in. If you have a policy that allows you to go into law containers and the answers you can, so that's really the answer. Courts want you to conduct vehicle inventory searches, and they are searches I subconsciously anthony They're not really searches. We're not supposed to call them searches. They are searches. They're just inventory searches. And that searches for evidence. Anyway, as long as your policy says it, you know, that is the kind of that's the kind of thing that courts are looking for, because they courts want to either reduce or eliminate officer discretion when conducting a vehicle inventory search, because they do not want them to be a, you know, wholesale rummaging for evidence, they want them to be legit. They want to be in good faith. You know, why do you get to inventory search a car, to protect somebody's property, to protect your agency from false claims, and to also secure dangerous items. That's why these are not supposed to be, hey, let's get into that car through an inventory search type of mentality. So policies now coming in two flavors, written and Customs and Practice. Ideally, if you want to keep your agency out of suppression hearings, and so forth, your policy should allow you too, to inventory locked containers. If you have access to them with a key or the person gives you a combination and so forth. I do not recommend that you break open closed containers or lock containers during inventory search. Because if you do it, if you do not do it on all cars, but just doing uncertain cars, what the defense attorney is going to likely say is, Why are you breaking my client's property? You know, it just doesn't, it doesn't sound reasonable.

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The Search & Seizure ShowBy Anthony Bandiero

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