E.D.N.Y.: Fact officer went back and looked again doing inventory didn’t prove it was investigative

The fact the officer doing the inventory went back and looked again because he thought he missed something or value doesn’t prove that the inventory was unreasonable. United States v. Williams, 2016 U.S. Dist. LEXIS 117530 (E.D.N.Y. Aug. 31, 2016):

Here, Latorre returned to the car because he believed he missed something of value, including contraband or other items that could have been vouchered for safekeeping. (Tr. 19, 54, 55.) This comports with the N.Y.P.D. Patrol Guide, which requires a “thorough” search of the vehicle, and its stated purpose: “to protect property, ensure against unwarranted claims of theft, and protect uniformed members of the service and others against dangerous instrumentalities.” (Patrol Guide, p. 1.) That Latorre testified that he might find contraband in addition to other items does not indicate bad faith or rise to the level of an investigation. See United States v. Arango-Correa, 851 F.2d 54, 59 (2d Cir. 1988); Lopez, 547 F.3d at 370-372. Moreover, when Breton joined the search of the vehicle, he was informed the officers were conducting an inventory search and he proceeded to search the vehicle in that manner. (Tr. 65.) In Breton’s experience, an inventory search consists of looking “for hidden compartments” and he had observed items hidden behind panels like the one at issue here “more than once.” (Tr. 65.)