Ep #442 Reasonable suspicion during inventory, when suspect is already in custody

Roadside Chat: Reasonable suspicion during inventory, when suspect is already in custody

In this video, Anthony Bandiero talks about reasonable suspicion during inventory when suspect is already in custody.

Case Law: U.S. v. Lozano, 171 F.3d 1129, 1132 (7th Cir. 1999).
• “[W]ithin the constraints of the policy/procedure, officers may exercise discretion in deciding whether or not to open a particular container. … A police officer may be allowed sufficient latitude to determine whether a particular container should or should not be opened in light of the nature of the search and characteristics of the container itself. Thus, while policies of opening all containers or of opening no containers are unquestionably permissible, it would be equally permissible, for example, to allow the opening of closed containers whose contents officers determine they are unable to ascertain from examining the containers’ exteriors. The allowance of the exercise of judgment based on concerns related to the purposes of an inventory search does not violate the Fourth Amendment.”

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