United States v. Morgan Dwight Brown, 787 F.2d 929 (4th Cir. 1986). · Go Syfert
United States v. Morgan Dwight Brown, 787 F.2d 929 (4th Cir. 1986). Cases Citing This Book View Copy Cite
131 citation events (89 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Engle (vaed, 2009-12-22)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Engle (3×) also: Cited "see"
E.D. Va. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
the police officer in this case could reasonably have impounded brown's vehicle either because there was no known individual immediately available to take custody of the car, or because the car could have constituted a nuisance in the area in which it was parked.
discussed Cited as authority (rule) Daquan Hinton v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
“We must consider -6- ‘not whether there was a need for the police to impound [the] vehicle but, rather, whether the police officer’s decision to impound was reasonable under the circumstances.’” Williams v. Commonwealth, 42 Va. App. 723, 731 (2004) (alteration in original) (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986)).
discussed Cited as authority (rule) Tion Scott Ashby v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
“We must consider ‘not whether there was a need for the police to impound [the] vehicle, but, rather, whether the police officer’s decision to impound was reasonable under the circumstances.’” Williams v. Commonwealth, 42 Va. App. 723, 731 (2004) (alteration in original) (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986)).
discussed Cited as authority (rule) Shjon Michael Stamps v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
“We must consider ‘not whether there was a need for the police to impound [the] vehicle but, rather, whether the police officer’s decision to impound was reasonable under the circumstances.’” Williams v. Commonwealth, 42 Va. App. 723, 731 (2004) (alteration in original) (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986)).
discussed Cited as authority (rule) Tony Curtis Spivey v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“We must consider ‘not whether there was a need for the police to impound [the] vehicle but, rather, whether the police officer’s decision to impound was reasonable under the circumstances.’” Williams v. Commonwealth, 42 Va. App. 723, 731 (2004) (alteration in original) (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986)).
discussed Cited as authority (rule) Elijah Samuel Davis Nottingham v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Binding precedent of this Court makes clear that an inventory search that is conducted pursuant to standardized procedures is valid only “so long as the purpose of the inventory is . . . not to gather incriminating evidence against the owner.” Cantrell, 65 Va. App. at 61 (omission in original) (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986)).
cited Cited as authority (rule) United States v. Ronald Gordon, Jr.
4th Cir. · 2023 · confidence medium
Inventory searches are “a well-established exception to the warrant requirement.” United States v. Brown, 787 F.2d 929, 931 (4th Cir. 1986).
discussed Cited as authority (rule) Wynn v. City of Richmond, Virginia Police Department
E.D. Va. · 2022 · confidence medium
“That is, an inventory search conducted pursuant to standardized 13 procedures is valid ‘so long as the purpose of the inventory is . . . not to gather incriminating evidence against the owner.’” Jd. (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986)). b.
discussed Cited as authority (rule) United States v. Bryan Marshall
4th Cir. · 2018 · confidence medium
Applying similar reasoning, this Court has long allowed the warrantless impoundment of a vehicle following the arrest of a driver when “there was no known individual immediately available to take custody of the car, or . . . the car could have constituted a nuisance in the area in which it was parked.” United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986).
cited Cited as authority (rule) State v. Miller
S.C. · 2018 · confidence medium
Therefore, we are of opinion that the police were in lawful custody of Brown's car at the time of their inventory of its contents. 787 F.2d at 932-33 (citation omitted).
examined Cited as authority (rule) State v. Kenneth M. Asboth, Jr. (4×) also: Cited "see"
Wis. · 2017 · signal: cf. · confidence medium
Cf. United States v. Brown, 787 F.2d 929, 932-33 (4th Cir. 1986) (concluding that officers "could reasonably have impounded" arrestee's vehicle "because the car could have constituted a nuisance in the area in which it was parked").
discussed Cited as authority (rule) United States v. Marshall
D.S.C. · 2016 · confidence medium
Police may lawfully impound a vehicle after an arrest where the officer reasonably believes that “there was no known individual immediately available to take custody of the car, or [that] the car could have constituted a nuisance in the area in which it was parked.” United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986).
discussed Cited as authority (rule) James Dean Cantrell v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Thus, an inventory search that is conducted pursuant to standardized procedures is valid “so long as the purpose of the inventory is ... not to gather incriminating evidence against the owner.” United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986).
discussed Cited as authority (rule) Ceon Maurice Fauntleroy v. Commonwealth of Virginia
Va. Ct. App. · 2013 · confidence medium
Thus, “[w]e must consider ‘not whether there was a need for the police to impound [the] vehicle but, rather, whether the police officer’s decision to impound was reasonable under the circumstances.’ ” Williams, 42 Va.App. at 731 , 594 S.E.2d at 309 (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986)).
discussed Cited as authority (rule) United States v. Lonnie Cartrette (2×) also: Cited "see"
4th Cir. · 2012 · confidence medium
The vehicle must be in the lawful custody of the police at the time of the search, United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986), and the search must be conducted pursuant to standard criteria, Colorado v. Bertine, 479 U.S. 367 , 374 n. 6, 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987).
discussed Cited as authority (rule) OLANIYI v. District of Columbia
D.D.C. · 2011 · confidence medium
“Case law supports the view that where a driver is arrested and there is no one immediately on hand to take possession, the officials have a legitimate non-investigatory reason for impounding the car.” Vega-Encarnacion v. Babilonia, 344 F.3d 37, 41 (1st Cir.2003); United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986) (finding impoundment reasonable in part because no known individual was immediately available to take custody of the car); United States v. Goodrich, 183 F.Supp.2d 135, 141 (D.Mass.2001) (“[W]hether an appropriate person is available to move the car is central to an evalu…
discussed Cited as authority (rule) Olaniyi v. United States
D.D.C. · 2011 · confidence medium
“Case law supports the view that where a driver is arrested and there is no one immediately on hand to take possession, the officials have a legitimate non-investigatory reason for impounding the car.” Vega- Encarnacion v. United States, 344 F.3d 37, 41 (1st Cir. 2003); United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986) (finding impoundment reasonable in part because no known individual was immediately available to take custody of the car); United States v. Goodrich, 183 F. Supp. 2d 135, 141 (D.
discussed Cited as authority (rule) United States v. Battle
4th Cir. · 2010 · confidence medium
United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986); see also Colorado v. Bertine, 479 U.S. 367, 372 , 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987) (“inventory procedures serve to protect an owner’s property while it is in the custody of the police, to insure against claims of lost, stolen or vandalized property, and to guard the police from danger”); Florida v. Wells, 495 U.S. 1, 4 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990) (“[t]he individual police officer must not be allowed so much latitude that inventory searches are turned into ‘a purposeful and general means of discovering evidence…
discussed Cited as authority (rule) United States v. Cauthen (2×)
M.D.N.C. · 2009 · confidence medium
The vehicle must be in the lawful custody of the police at the time of the search, United States v. Broton, 787 F.2d 929, 932 (4th Cir.1986), and the inventory search must be conducted pursuant to standard criteria, such as a uniform police policy, Colorado v. Bertine, 479 U.S. 367 , 374 n. 6, 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987).
discussed Cited as authority (rule) United States v. German
D.S.C. · 2009 · confidence medium
“If the vehicle is in lawful custody, the police may inventory the vehicle, if such inventories are routine and conducted pursuant to the *617 standard police procedures, so long as the purpose of the inventory is to secure the car or its contents and not to gather incriminating evidence against the owner.” United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986).
discussed Cited as authority (rule) United States v. Arriaza
E.D. Va. · 2009 · confidence medium
Notably, in addition to disavowing any consent-search theory, the government also has not argued that the impound-lot search was permissible pursuant to the “inventory search” exception to the warrant requirement, which permits warrantless vehicle searches where (i) "the vehicle is in lawful custody” of the police; (ii) the search in question was "conducted pursuant to standard police procedures”; and (iii) the “purpose of the inventory [was] to secure the car or its contents and not to gather incriminating evidence against the owner.” United States v. Brown, 787 F.2d 929, 932 (4th…
discussed Cited as authority (rule) United States v. Fort
4th Cir. · 2009 · confidence medium
See Florida v. Wells, 495 U.S. 1, 3-5 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990); United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986). “[Rjeasonable police regulations relating to inventory procedures administered in good- faith satisfy the Fourth Amendment, even though courts might as a matter of hindsight be able to devise equally reasonable rules requiring a different procedure.” Bertine, 479 U.S. at 369 -70 & 374, 107 S.Ct. 738 .
discussed Cited as authority (rule) United States v. Murphy
4th Cir. · 2009 · confidence medium
“If the vehicle is in lawful custody, the police may inventory the vehicle, if such inventories are routine and conducted pursuant to the standard police procedures, so long as the purpose of the inventory is to secure the car or its contents and not to gather incriminating evidence against the owner.” United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986).
discussed Cited as authority (rule) United States v. Hudson
W.D. Va. · 2007 · confidence medium
United States v. Brown, 787 F.2d 929, 931-32 (4th Cir.1986); see also Florida v. Wells, 495 U.S. 1, 4 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990) (holding that an inventory search must be regulat *777 ed by “standardized criteria” or “established routine” so as not to “be a ruse for a general rummaging in order to discover incriminating evidence”); Colorado v. Bertine, 479 U.S. 367, 373-75 , 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987) (opening a closed backpack found in the backseat during inventory search of a vehicle did not exceed the limits of a warrantless inventory search where police …
discussed Cited as authority (rule) United States v. Gregory Wayne Banks (2×)
4th Cir. · 2007 · confidence medium
That is, an inventory search conducted pursuant to standardized procedures is valid “so long as the purpose of the inventory is ... not to gather incriminating evidence against the owner.” United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986).
discussed Cited as authority (rule) United States v. Banks (2×)
4th Cir. · 2007 · confidence medium
That is, an inventory search conducted pur- suant to standardized procedures is valid "so long as the purpose of the inventory is . . . not to gather incriminating evidence against the owner." United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986).
discussed Cited as authority (rule) Williams v. Commonwealth
Va. Ct. App. · 2004 · confidence medium
We must consider “not whether there was a need for the police to impound [the] vehicle but, rather, whether the police officer’s decision to impound was reasonable under the circumstances.” United States v. Brown, 787 F.2d 929, 932 (4th Cir.), cert. denied, 479 U.S. 837 , 107 S.Ct. 137 , 93 L.Ed.2d 80 (1986); see also Opperman, 428 U.S. at 372-74 , 96 S.Ct. at 3099-3100 .
cited Cited as authority (rule) United States v. Brown
4th Cir. · 2003 · confidence medium
See Florida v. Wells, 495 U.S. 1, 3-5 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990); United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986).
cited Cited as authority (rule) United States v. Chambers
4th Cir. · 2003 · confidence medium
United States v. Brown, 787 F.2d 929, 931-32 (4th Cir.1986).
cited Cited as authority (rule) United States v. Stewart
4th Cir. · 2002 · confidence medium
United States v. Brown, 787 F.2d 929, 931-32 (4th Cir.1986).
cited Cited as authority (rule) United States v. Richardson
4th Cir. · 2000 · confidence medium
See Flor- ida v. Wells, 495 U.S. 1, 3-5 (1990); United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986).
discussed Cited as authority (rule) United States v. Gordon
D. Me. · 1998 · confidence medium
“The critical question ... is not whether the police needed to impound the vehicle in some absolute sense, or could have effected an impoundment more solicitously, but whether the decision to impound and the method chosen for implementing that decision were, under all the circumstances, within the realm of reason.” Id. at 786 (quoting United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986)). 7 .
discussed Cited as authority (rule) State v. Huisman
Iowa · 1996 · confidence medium
See United States v. Ponce, 8 F.3d 989, 996 (5th Cir.1993) (recognizing impoundment of ear located in public parking lot fell within officers’ caretaking functions because car “could have become a nuisance” or “could have been damaged or stolen”); United States v. Brown, 787 F.2d 929, 932 (4th Cir.) (impoundment of car parked in private parking lot was reasonable “because the car could have constituted a nuisance in the area in which it was parked”), cert. denied, 479 U.S. 837 , 107 S.Ct. 137 , 93 L.Ed.2d 80 (1986).
examined Cited as authority (rule) Fair v. State (4×) also: Cited "see", Cited "see, e.g."
Ind. · 1993 · confidence medium
John v. State (1988), Ind., 523 N.E.2d 1353 . [2] See, e.g., Ind. Code Ann. § 9-22-1-14 (West 1992) (authorizing towing of abandoned vehicles); § 9-21-16-4 (authorizing removal of vehicles found unattended on bridges, causeways, in tunnels, or obstructing traffic); § 9-22-1-5 (authorizing impoundment of vehicle found in possession of person other than owner when that person cannot establish right to possession). [3] Compare Brown, 787 F.2d at 932 (impoundment reasonable where vehicle could present nuisance if left in business parking lot "until the next day or longer"); United States v. Joh…
discussed Cited as authority (rule) United States v. Wilberto Ramos-Morales (2×)
1st Cir. · 1992 · confidence medium
See, e.g., Rodriguez-Morales, 929 F.2d at 785 (shoulder of a busy interstate highway when no occupant properly licensed to drive); United States v. Velarde, 903 F.2d 1163, 1166-67 (7th Cir.1990) (same); United States v. Kornegay, 885 F.2d 713, 716 (10th Cir.1989) (parked in private lot and police did not know identity of operator), cert. denied, 495 U.S. 935 , 110 S.Ct. 2179 , 109 L.Ed.2d 508 (1990); United States v. Brown, 787 F.2d 929, 932 (4th Cir.) (occupants appeared drunk, no known sober person was available to take custody, and car, if left unattended, could present a nuisance), ce rt. …
discussed Cited as authority (rule) United States v. Ramos Morales
1st Cir. · 1992 · confidence medium
See, e.g., Rodriguez-Morales, 929 F.2d ___ ____ _________________ at 785 (shoulder of a busy interstate highway when no -13- 13 occupant properly licensed to drive); United States v. ______________ Velarde, 903 F.2d 1163, 1166-67 (7th Cir. 1990) (same); _______ United States v. Kornegay, 885 F.2d 713, 716 (10th Cir. 1989) _____________ ________ (parked in private lot and police did not know identity of operator), cert. denied, 495 U.S. 935 (1990); United States ____ ______ _____________ v. Brown, 787 F.2d 929, 932 (4th Cir.) (occupants appeared _____ drunk, no known sober person was available …
examined Cited as authority (rule) United States v. Osvaldo Rodriguez-Morales (3×) also: Cited "see"
1st Cir. · 1991 · confidence medium
See United States v. Velarde, 903 F.2d 1163, 1166-67 (7th Cir.1990) (im-poundment reasonable where neither occupant had valid license, owner not available, and car located on highway); United States v. Kornegay, 885 F.2d 713, 716 (10th Cir.1989) (impoundment reasonable where car was parked in private lot and police did not know identity of operator), cert. denied, — U.S. —, 110 S.Ct. 2179 , 109 L.Ed.2d 508 (1990); United States v. Brown, 787 F.2d 929, 932 (4th Cir.) (im-poundment reasonable where car’s occupants appeared drunk, no known sober person was available to take custody, and the…
discussed Cited as authority (rule) Ben Collins v. John Nagle
6th Cir. · 1989 · confidence medium
United States v. Brown, 787 F.2d 929, 932 (4th Cir.1986), cert. denied, 479 U.S. 837 , 107 S.Ct. 137 , 93 L.Ed.2d 80 (1986) (citing South Dakota v. Opperman, 428 U.S. 364, 372-74 , 96 S.Ct. 3092, 3099-3100 , 49 L.Ed.2d 1000 (1976); Cobbler v. Superintendent, Va. State Penitentiary, 528 F.2d 1142, 1145-46 (4th Cir.1975), cert. denied, 429 U.S. 817 , 97 S.Ct. 60 , 50 L.Ed.2d 77 (1976)).
discussed Cited as authority (rule) Servis v. Commonwealth (2×)
Va. Ct. App. · 1988 · confidence medium
However, in order “[f]or an inventory search to be valid, the vehicle searched should first be in the valid custody of the law enforcement officers conducting the inventory.” United States v. Brown, 787 F.2d 929, 931-32 (4th Cir.), cert. denied, 479 U.S. 837 (1986); see South Dakota v. Opperman, 428 U.S. at 374 ; Randall v. State, 656 S.W.2d 487, 490 (Tex. Crim.
discussed Cited as authority (rule) RLW-1) UNITED STATES OF AMERICA v. ANTONIO EDWARD BATTLE
unknown court · confidence medium
United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986); see also Colorado v. Bertine, 479 U.S. 367, 372 (1987) (“inventory procedures serve to protect an owner’s property while it is in the custody of the police, to insure against claims of lost, stolen or vandalized property, and to guard the police from danger”); Florida v. Wells, 495 U.S. 1, 4 (1990) (“[t]he individual police officer must not be allowed so much latitude that inventory searches are turned into ‘a purposeful and general means of discovering evidence of crime’”) (quoting Bertine, 479 U.S. at 743 ).
cited Cited "see" WELLS v. FUENTES
E.D. Va. · 2023 · signal: see · confidence high
See United States v. Brown, 787 F.2d 929, 932 (4th Cir. 1986).
discussed Cited "see" United States v. Raymond Bullette, III (2×)
4th Cir. · 2017 · signal: see · confidence high
See Brown, 787 F.2d at 932-33 .
discussed Cited "see" United States v. Arnell Johnson
4th Cir. · 2012 · signal: see · confidence high
See United States v. Brown, 787 F.2d 929, 932-33 (4th Cir.1986) (holding that police officer “could reasonably have impounded [defendant’s] vehicle either because there was no known individual immediately available to take custody of the car, or because the car could have constituted a nuisance in the area in which it was parked”).
cited Cited "see" United States v. Lee
4th Cir. · 2007 · signal: see · confidence high
See United States v. Brown, 787 F.2d 929, 931-32 (4th Cir.1986).
discussed Cited "see" United States v. Wilkins (2×)
4th Cir. · 2000 · signal: see · confidence high
See United States v. Brown, 787 F.2d 929, 931-32 (4th Cir. 1986).
cited Cited "see" United States v. Peter Omni Bil Scott
4th Cir. · 2000 · signal: see · confidence high
See United States v. Brown, 787 F.2d 929, 931-32 (4th Cir. 1986); see also Colo- rado v. Bertine, 479 U.S. 367, 371-76 (1987).
discussed Cited "see" United States v. Anthony D. Hawks
4th Cir. · 1996 · signal: see · confidence high
See Brown, 787 F.2d at 932 . 18 The Baltimore City Police regulations on vehicle forfeiture are intended to implement Sec. 297, Article 27, of the Maryland Code which directs the seizure of vehicles that are "used, or intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of [controlled substances]." These regulations require the seizure of a vehicle when (A) controlled substances are sold from that vehicle; or (B) controlled substances are found in the vehicle in an amount reasonably indicating that sale is contemplated; or…
cited Cited "see" United States v. Hawks
4th Cir. · 1996 · signal: see · confidence high
See Brown, 787 F.2d at 932 .
discussed Cited "see" United States v. Kelly Lorenzo Byrd, Jr.
6th Cir. · 1995 · signal: see · confidence high
See United States v. Brown, 787 F.2d 929, 931-32 (4th Cir.), cert. denied, 479 U.S. 837 (1986) ("For an inventory search to be valid, the vehicle searched should first be in the valid custody of the law enforcement officers conducting the inventory."); Caplan v. Florida, 531 So.2d 88, 90 (Fla.1988) ("[T]here is no need to perform the caretaking function of an inventory when the vehicle is not in the care, custody, and control of the police."), cert. denied, 489 U.S. 1099 (1989).
cited Cited "see" United States v. Sherman Frank Williams
4th Cir. · 1993 · signal: see · confidence high
See Brown, 787 F.2d at 931-32 (4th Cir. 1986).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Morgan Dwight BROWN, Appellant
85-5504.
Court of Appeals for the Fourth Circuit.
Apr 8, 1986.
787 F.2d 929
1986 U.S. App. LEXIS 23761
Carl A. Tibbetts, Roanoke, Va., for appellant., Jerry W. Kilgore, Third Year Law Student (Thomas J. Bondurant, Asst. U.S. Atty., John P. Alderman, U.S. Atty., Roanoke, Va., on brief), for appellee.
Widener, Phillips, Hilton, Eastern, Virginia.
Cited by 69 opinions  |  Published
WIDENER, Circuit Judge:

Morgan Dwight Brown was convicted after a jury trial of possession of an unregistered firearm and of a silencer in violation of 26 U.S.C. § 5861 (1982). On appeal, Brown contends that the district court erred in admitting certain evidence seized during a warrantless search of Brown’s automobile subsequent to Brown’s arrest for driving while intoxicated. We affirm.

On the night of April 29, 1984, Brown was driving his automobile in the city of South Boston, Virginia. Passengers in the car with Brown included his brother, Charlie Mack Brown, a friend, Morris Hamlett, and a casual acquaintance, Stella Louise Waller. All four had been drinking beer that evening, and there were open beer cans in the car.

Shortly after 11 p.m. that evening, Officer Richard Loftis of the South Boston Police Department observed Brown’s car weaving down the highway. After Brown’s car nearly struck a parked car, Loftis signaled Brown to stop. Brown then pulled his car off the street into a small parking lot that serviced some nearby businesses and apartments. Upon investigation, Loftis observed that Brown’s eyes were red, and that he had a strong odor of alcohol on his breath. A field breath test confirmed Loftis’ suspicion that Brown was intoxicated, whereupon Loftis arrested Brown for driving under the influence of alcohol. [1]

[*931] After determining that everyone in Brown’s car had been drinking, Loftis informed Brown that he was going to impound Brown’s car. Loftis asked Brown whether he would prefer having a police officer drive the car to the police station, or whether he would prefer to have the vehicle towed there. Loftis testified that Brown responded at first that he did not allow anyone to drive his car, but then gave consent to have the car driven when told that a tow truck would be called. At this point, thé evidence is in dispute. Brown testified during the suppression hearing that he told Loftis that his girlfriend lived in an apartment over one of the businesses adjoining the parking lot in which Brown had been arrested. Brown further testified that he requested that Loftis allow him to go upstairs and get his girlfriend, presumably to take custody of Brown’s car. Loftis, on the other hand, testified that although Brown did inform him of the girlfriend’s alleged proximity, Brown never asked Loftis for permission to contact his girlfriend, nor did he request that Loftis do so. Loftis further testified that Brown agreed to Loftis’ request to have an officer drive the car to the police station, after being presented with the option of having a tow truck tow the car to the station instead. It is clear from the record that Brown’s girlfriend never arrived on the scene.

Upon driving Brown’s car to the South Boston police station, and pursuant to a nondiscretionary police department policy, [2] Loftis and another, officer conducted an inventory search of Brown’s car. Loftis testified that the purpose of this search was to protect the police department from subsequent claims for any items that might be lost from the car while the car was in police custody. Loftis further testified that he did not expect to find any evidence of other crimes as a result of this search because he did not at that time have any indication that the defendant was involved in any other sort of crime besides drunk driving.

During this search, the officers inventoried numerous items and reported all of them on the department’s inventory report form. While searching the front of the car, Loftis discovered a short-barreled rifle with an attached silencer under the driver’s side of the front seat. Brown was subsequently indicted for possession of an unregistered firearm and silencer in violation of 26 U.S.C. § 5861.

Prior to his trial on these charges, Brown moved to suppress all evidence that the police had obtained, directly and indirectly, as a result of the inventory search. After a hearing on the motion, the district court denied Brown’s motion, stating:

As the police had legal custody of the vehicle, were acting pursuant to standard policy, and were not searching for any incriminating evidence, the inventory search of the defendant’s car was valid under the [South Dakota v.] Opperman, [428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976) ] requirements.

On appeal, Brown contends that the district court erred in denying his motion to suppress. We disagree.

Inventory searches constitute a well-established exception to the warrant requirement of the fourth amendment. See Illinois v. Lafayette, 462 U.S. 640, 643, 103 S.Ct. 2605, 2608, 77 L.Ed.2d 65 (1983). For an inventory search to be valid, the vehicle searched should first be in the valid custody of the law enforcement officers[*932] conducting the inventory. See South Dakota v. Opperman, 428 U.S. 364, 374, 96 S.Ct. 3092, 3099, 49 L.Ed.2d 1000 (1976). If the vehicle is in lawful custody, the police may inventory the vehicle, if such inventories are routine and conducted pursuant to standard police procedures, so long as the purpose of the inventory is to secure the car or its contents and not to gather incriminating evidence against the owner. Id. at 375-76, 96 S.Ct. at 3100. [3]

Brown contends that his car was not in lawful custody because the car was parked in a private parking lot and there was no need to impound the vehicle because Brown’s friends or relatives could have taken custody of it. The question before us, however, is not whether there was a need for the police to impound Brown’s vehicle but, rather, whether the police officer's decision to impound was reasonable under the circumstances. See Opperman at 372-74, 96 S.Ct. at 3098—99; Cabbler v. Superintendent, Va. State Penitentiary, 528 F.2d 1142, 1145-46 (4th Cir.1975), cert. denied, 429 U.S. 817, 97 S.Ct. 50 L.Ed.2d 77 (1976). We conclude that it was.

Brown first contends that the impoundment was unlawful because Loftis could have left the car in the custody of the other passengers in Brown’s car at the time of Brown’s arrest. The other passengers in Brown’s car at the time of his arrest were admittedly all drinking on the night in question. Regardless of whether they had actually imbibed enough to incapacitate their driving abilities, a difficult question at best, having observed that they had been drinking, the officer’s decision not to leave the car in their custody was not only reasonable, it may well have been the only prudent decision to make in the circumstances.

Brown also contends that the impoundment was unlawful because Loftis could have left the car in the custody of Brown’s girlfriend, who apparently lived above the insurance agency in whose parking lot Brown’s car was located. The police could have done so. That they did not, however, does not render their impoundment of Brown’s car unreasonable. See Illinois v. Lafayette, 462 U.S. 640, 647, 103 S.Ct. 2605, 2610, 77 L.Ed.2d 65 (1983) (existence of less intrusive means of conducting search or seizure does not render search or seizure unreasonable so long as circumstances indicate that officers’ actions were reasonable). There was conflicting evidence as to whether Brown even requested that the police get in touch with his girlfriend. Moreover, Brown had previously given the police apparently inaccurate answers as to his actual residence, thereby calling into reasonable question any representations that Brown might have made concerning his girlfriend’s whereabouts and her availability to take custody of his car, if, in fact, he ever made such representations to the arresting officers.

Finally, although the parking lot in which Brown’s car was located was in part for the convenience of certain apartment dwellers, it was also for the business convenience of certain adjoining businesses. In these circumstances, the police officers could reasonably have concluded that Brown’s vehicle could have presented a nuisance should it have remained parked where it was until the next day or longer.

For the reasons set forth above, we are of opinion that the police officer in this case could reasonably have impounded Brown’s vehicle either because there was no known individual immediately available to take custody of the car, or because the car could have constituted a nuisance in the area in which it was parked. See Cabbler v. Superintendent, Va. Penitentiary, 528[*933] F.2d 1142, 1143, 1146 (4th Cir.1975) (holding that police do not violate fourth amendment when they impound vehicle to protect it or to remove a nuisance after arresting driver away from home if driver has no means immediately available for safekeeping of vehicle), cert. denied, 429 U.S. 817, 97 S.Ct. 60, 50 L.Ed.2d 77 (1976). Therefore, we are of opinion that the police were in lawful custody of Brown’s car at the time of their inventory of its contents.

Having concluded that the police were in lawful custody of Brown’s car, we also conclude that their subsequent inventory of its contents met the other requirements for a valid inventory search of an impounded vehicle set forth by the Court in Opperman. The South Boston Police Department had established a standard non-discretionary policy of conducting an inventory of the contents of every vehicle that the police department impounded. [4] Moreover, the evidence in the record is overwhelming that the police did not have an investigatory motive for their inventory of Brown’s car.

In summary, we hold that the police in this case did not violate the fourth amendment when they impounded Brown’s car and inventoried its contents. Consequently, we hold that the district court did not err when it denied Brown’s motion to suppress evidence relating to the inventory search on fourth amendment grounds.

Accordingly, the judgment of conviction is

AFFIRMED.

1

. Later testing revealed that Brown’s blood alcohoi content was .22, which is over twice the[*931] level required for conviction of driving under the influence of alcohol in Virginia. Brown was subsequently convicted in local court of driving under the influence of alcohol.

2

. The South Boston Police Department’s official policy for the inventory of impounded vehicles is set forth in a memorandum from the chief of police dated July 17, 1981. The memorandum provides:

It is the policy of the South Boston Police Department whenever an Officer has to take into custody a subject with a vehicle and it becomes necessary to tow or store the vehicle the Officer shall inventory vehicle with the form supplied by this Department and file with the arrest report.
3

. Brown contends that as an additional requirement for a valid inventory search, the items inventoried must be in plain view. Neither Opperman nor subsequent caselaw supports this contention. See South Dakota v. Opperman, 428 U.S. 364, 377 n. 2, 96 S.Ct. 3092, 3101 n. 2, 49 L.Ed.2d 1000 (1976) (Powell, J., concurring); United States v. Edwards, 577 F.2d 883, 894 n. 23 (5th Cir.), cert. denied, 439 U.S. 968, 99 S.Ct. 458, 58 L.Ed.2d 427 (1978); see also 2 W. LA-FAVE, SEARCH & SEIZURE § 7.4, at 575-76 (1978).

4

. See supra note 2.