N.D.Ohio: Some discretion in inventories doesn’t make them unreasonable

The driver’s suspended DL was reason under policy to tow the car, and that led to a valid inventory. The inventory issue turned on whether a key was “readily available” to unlock the glove compartment, and a key found in the car is. Some discretion doesn’t make an inventory unreasonable. United States v. Boxx, 2020 U.S. Dist. LEXIS 122446 (N.D. Ohio July 13, 2020)*:

In difficult cases like this, it is important to remember that “an officer’s use of discretion in implementing agency guidelines regarding the conduct of an inventory search does not necessarily violate the Fourth Amendment.” United States v. Kimes, 246 F.3d 800, 805 (6th Cir. 2001). In fact, “officers may exercise some ‘judgment based on concerns related to the purposes of an inventory search[.]'” United States v. Tackett, 486 F.3d 230, 232 (6th Cir. 2007) (quoting Wells, 495 U.S. at 4). “Further, officers’ suspicion that they may find contraband does not invalidate an otherwise proper inventory search.” Id. But officers may not conduct an inventory search “in bad faith or for the sole purpose of investigation.” Hockenberry, 730 F.3d at 659 (quotation omitted).