New York Criminal Attorney Blog
In October 2019 we published an article about inventory searches and how the Court are reviewing such searches more carefully. However, earlier this month, a state appellate court issued a written opinion in a New York credit card fraud case involving a search of the defendant’s belongings that occurred after he was arrested for an unrelated crime. The case is useful in that it illustrates the concept of an inventory search, which frequently is cited as a valid basis for searches that may otherwise be unsupported by probable cause.
The U.S. and New York constitutions provide citizens with certain rights. Among those rights are those contained in the Fourth Amendment, which states that citizens are to be free from unreasonable searches and seizures. Over time, courts have fleshed out the protections of the Fourth Amendment to mean that a police officer cannot conduct a search without a warrant.
Of course, over the years, courts have allowed several exceptions to the warrant requirement. Depending on the situation, there may be a lower burden that police officers must meet or, in some cases, police officers may not need any additional facts to support a search. For example, police do not need a warrant (or even probable cause) to seize an item that is in plain view. The concept behind the plain-view doctrine is that an officer is not conducting a “search” under the terms of the Fourth Amendment if he recovers something that readily observable and in plain view. Another example is the warrant exception involving vehicles. Courts have held that vehicles pose a unique concern for officers in that they are mobile, limiting officers’ ability to go retrieve a warrant. Thus, there is a relaxed standard for searching an automobile.
An inventory search is a related concept that similarly does not require any additional probable cause. When someone is arrested for a crime, police officers can conduct a search incident to that arrest for their safety. Depending on the specific facts of the arrest, that inventory search may extend to the arrestee’s personal effects and even their vehicle. The concept behind allowing an inventory search is 1.) there is already probable cause to arrest someone, 2.) the person being arrested has an interest in their property, and 3.) police officers have an interest in being protected from claims of theft or damage. Thus, in general, police officers can search a person’s personal belongings, and potentially their vehicle, before booking an arrestee. Of course, an inventory search cannot be abused by police officers to search places that they otherwise would not be able to search. For example, if there is a locked compartment in a vehicle, police cannot break open the compartment to see what is inside.
Have You Been Arrested for a New York Crime?
If you have recently been arrested for a New York gun crime, drug crime, or any other crime involving a police officer’s search of your belongings, contact the law firm of Tilem & Associates. At Tilem & Associates, we represent clients facing all types of serious offenses, including New York drug crimes and weapons offenses. To learn more, call 877-377-8666 to schedule a free consultation today.