Fact scenario:
D was arrested for PI. Supposedly, D's mom was passing by and saw her car and officers surrounding it, so she stopped. Officers conducted an inventory search of the car and found pot. Officers released car to mom but say that they called a wrecker before mom showed up. Defense counsel filed a motion to suppress the pot based on an illegal inventory search. Has anyone had a situation similar to this and/or have case law relating to this?

If your officer can demonstrate that the tow truck had already been called before the search, you should be good to go. Is there a log of calls and a video displaying the time of the search? What about the tow truck driver's testimony about his dispatch and cancelled tow? You might also want to look at the automobile exception or search incident to arrest.

[This message was edited by John A. Stride on 03-15-10 at .]

What is the police agency's policy for inventories in this type of situation? Do they have one? I think those questions will control the outcome.

My understanding is that if the officer had already contacted the tow truck and conducted the inventory search, it would be valid. However, if mom came by, has a valid DL, and is not impaired by alcohol, etc., and wants to take the vehicle (which according to your post, belongs it her), then doing an inventory search before letting her take the vehicle would be unlawful under current case law.

Janette A