Why are inventory searches reasonable even without a warrant or probable cause? Identify the special needs satisfied by inventory searches. What substitutes for probable cause as the objective basis for an inventory search?

What will be an ideal response?


Inventory searches are reasonable, even without a warrant or probable cause, because they are not searches for the purpose of gathering evidence to prosecute a suspect for a crime.

Inventory searches satisfy three special needs not related to searching for evidence of a crime: (1) to protect owners' property while it is in police custody; (2) to protect law enforcement agencies against lawsuits for loss, destruction, or theft of owners' property; and (3) to protect law enforcement officers, detained suspects, and offenders from the danger of hidden bombs, weapons, and illegal drugs.

The presence of routine, department-approved, written procedures by which inventory searches must be conducted takes the place of probable cause for inventory searches. Following routine procedure provides some objective basis, because the procedures apply to all inventory searches. Routine procedures also keep law enforcement officers from searching on a ruse and from going too far in making the inventory.

Criminal Justice

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