Inventory Search Upheld

One of my pet peeves is when prosecutors fail to lay the proper foundation for an inventory search exception of vehicles.  Contrary to popular belief, the exception is not sui generis.  A police department must have a specific, non-discretionary policy that defines the circumstances and scope of inventory searches.  In addition, the police must generate an actual inventory of the vehicle and its contents.  Contrary to what some police and prosecutors believe, the police do not have an automatic right to search every car that comes into their custody.  They may only do so according to an official policy that satisfies the requirements of People v. Johnson, 1 N.Y.3d 252 (2003), and its progeny.

Recently the First Department upheld an inventory search, finding that the proper foundation had been met:

The court properly denied defendant's suppression motion. The officers' detailed testimony, taken together with the particular Patrol Guide section received in evidence, was sufficient to satisfy the People's initial burden of establishing that there was a standard policy regarding inventory searches, that the standard procedure was designed to meet the objectives justifying such searches, and that the search of defendant's bag was in compliance with the established procedure (see People v Johnson, 1 NY3d 252, 256 [2003]). In particular, the hearing evidence made it clear that the relevant aspects of the procedure at issue were standardized rather than discretionary. The People also established that the police made a proper inventory search and not a search for incriminating evidence; we note that an officer continued and completed the search after another officer discovered a pistol. Furthermore, the officers compiled a proper inventory list of the full contents of defendant's bag, notwithstanding that they listed contraband and noncontraband items on different pages (compare People v Gomez, 50 AD3d 407, 409-410 [2008] [list limited to evidentiary items held insufficient]).

People v. Pompey (1st Dept. 6/25/2009).  Note that the People introduced the relevant NYPD Patrol Guide section that governs inventory searches as well as the voucher (inventory) that was produced after the search.  The officer also testified how the Patrol Guide satisfies the requirements of Johnson.  Finally, the officer's testimony showed how his search conformed to the procedures in the Patrol Guide.  (LC)