N.D.Iowa: Impoundment policy used “suspicion,” but court requires reasonable suspicion to control discretion

Where an impoundment policy mentions “suspicion,” the court requires that the suspicion be reasonable so the inventory search will be reasonable and less subject to the whim of the officer. United States v. Eckholt, 2012 U.S. Dist. LEXIS 153614 (N.D. Iowa October 24, 2012):

The impoundment policy itself does not state that an officer’s “suspicion” must be “reasonable.” The policy simply states that to justify impoundment, an officer must “suspect” the vehicle was used to commit a public offense. If the policy does not require an officer’s suspicion be reasonable, however, then any suspicion at all would justify the search, giving an officer unfettered discretion to search any vehicle. The Court believes a “reasonableness standard” may be inferred. The issue before the Court, then, is whether Lt. Klunder had a “reasonable suspicion” that Defendant’s vehicle was “used in the commission of a public offense.” The Government argues that because Defendant had drug paraphernalia on his person, Lt. Klunder had a reasonable suspicion that the vehicle was used in the commission of drug or drug paraphernalia possession.