CO: Vehicle inventory fails where no showing of policy enabling it

The inventory of defendant’s car was not done according to any policy, and it is not justifiable under the automobile exception or as a protective search for weapons either. People v. Allen, 2019 CO 88, 2019 Colo. LEXIS 1077 (Oct. 28, 2019):

[*P21] Here, the officers seized and inventoried the Cadillac because, in the exercise of their discretion, they decided to impound it. But the People did not present any evidence at the motions hearing to establish that the officers did so in accordance with any written or oral standardized criteria or policies. In fact, the People did not introduce any evidence that such criteria or policies existed. Because the existence of standardized criteria or policies is a necessary condition of the community caretaking exception to the warrant requirement, we conclude that the seizure and subsequent inventory of the Cadillac were not reasonable and violated Allen’s constitutional rights under the Fourth Amendment.

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