CA6: Despite clear testimony of pretext, inventory search still valid

Defendants argued that the inventory of their car was pretextual for an investigative search. There was PC to stop and the decision to impound was reasonable. One officer’s testimony strongly supported pretext, but it was still reasonable on the totality. United States v. Hockenberry, 2013 U.S. App. LEXIS 19296, 2013 FED App. 0281P (6th Cir. September 19, 2013):

Given the above circumstances, Officer Anderson and Agent Vouvalis’ performance of an inventory search was objectively justifiable. The officers had probable cause to stop the vehicle and made a reasonable decision to impound the vehicle. Accordingly, it was proper to conduct an inventory search following this series of events. At the same time, however, some of the evidence calls into question whether the inventory search was pretextual. The officers testified that they questioned Hockenberry about whether there were guns in the vehicle prior to performing the search. Additionally, as the district court insinuated, it appears that the officers failed to strictly follow all of the requirements of the Youngstown Police Department’s inventory search policy. The evidence—including a subsequent search of the vehicle—reflects that the officers did not inventory all items within the vehicle. The record also indicates that, despite the policy instruction to list all items of value, Officer Anderson omitted many items from his list. Furthermore, Officer Anderson’s testimony demonstrated a less than ideal understanding of the purposes of an inventory search. Although Officer Anderson was able to identify some of the main goals of an inventory search, such as securing valuable items and preventing frivolous claims, he also repeatedly stated that part of the reason for the search was to identify contraband that might pertain to a crime.

Ultimately, however, the district court did not err in denying the motions to suppress. Although officers must follow standardized procedure in conducting an inventory search, the law allows for some flexibility and practical judgment in how such searches are carried out. Consequently, as the district court recognized, the question is “not whether the policy was complied with to the T.” (Supp. Tr., Dist. Ct. Docket No. 78, 96.) Here, under the circumstances in this case, it is not clear from the evidence that the officers were acting in bad faith or for the sole purposes of investigation. In light of the vehicle stop and decision to impound, the officers were justified in conducting an inventory search. Upon opening the vehicle, the officers immediately saw weapons. Moreover, with regard to the listing of inventory items, the circumstances of this case are highly similar to the circumstances of Kimes. In particular, Officer Anderson was entitled to “a measure of flexibility” in determining what items in the vehicle were “valuable” for the purposes of the inventory search policy. See Kimes, 246 F.3d at 805. Finally, “[t]he post-discovery listing of items discovered in a search . . . has no pertinent connection to the discovery itself.” Id.