United States v. Paul Robert Bowhay, 992 F.2d 229 (9th Cir. 1993). · Go Syfert
United States v. Paul Robert Bowhay, 992 F.2d 229 (9th Cir. 1993). Cases Citing This Book View Copy Cite
103 citation events (60 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Victor Orozco (ca9, 2017-06-01)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
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Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Victor Orozco
9th Cir. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when the police conduct would have been the same regardless of the officer's subjective state of mind, no purpose is served by attempting to tease out the officer's 'true' motivation.
discussed Cited as authority (verbatim quote) United States v. Victor Orozco
9th Cir. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when the police conduct would have been the same regardless of the officer's subjective state of mind, no purpose is served by attempting to tease out the officer's 'true' motivation.
examined Cited as authority (verbatim quote) State v. Demontiney (2×)
Mont. · 2014 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the department's policy was to search everything; the officer had no discretion. because of this, the presence of an investigative motive does not invalidate the inventory search.
discussed Cited as authority (verbatim quote) United States v. SELJAN - Opinion
9th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
when the police conduct would have been the same regardless of the officer's subjective state of mind, no purpose is served by attempting to tease out the officer's 'true' motivation.
discussed Cited as authority (quoted) United States v. Sedillo
D.N.M. · 2017 · quote attribution · 1 verbatim quote · confidence low
an inventory search is invalid if it was a pretext for an investigative search.
discussed Cited as authority (rule) United States v. Markanthony Sapalasan
9th Cir. · 2024 · confidence medium
Second, Officer Yoon’s inventory search satisfied reasonable police regulations and was administered in good faith.1 United States v. Bowhay, 992 F.2d 229, 230 (9th Cir. 1993) (“To be valid, an inventory search must conform to a standardized and established local procedure, and must be motivated by a ‘concern to inventory [the items] rather than to search for other incriminating evidence.’” (citation omitted) (alteration in original)).
discussed Cited as authority (rule) United States v. Markanthony Sapalasan
9th Cir. · 2024 · confidence medium
Second, Officer Yoon’s inventory search satisfied reasonable police regulations and was administered in good faith.1 United States v. Bowhay, 992 F.2d 229, 230 (9th Cir. 1993) (“To be valid, an inventory search must conform to a standardized and established local procedure, and must be motivated by a ‘concern to inventory [the items] rather than to search for other incriminating evidence.’” (citation omitted) (alteration in original)).
cited Cited as authority (rule) GILBERT (JESSE) v. STATE
Nev. · 2024 · confidence medium
United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993) (quoting United States v. Lillard, 929 F.2d 500, 502 (9th Cir. 1991)).
discussed Cited as authority (rule) United States v. Jonathan Anderson
9th Cir. · 2024 · confidence medium
Magdirila, 962 F.3d at 1157 (quoting Johnson, 889 F.3d at 1126 ); see also, e.g., Garay, 938 F.3d at 1112 ; United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993); United States v. Feldman, 788 F.2d 544, 552 (9th Cir. 1986), as amended.
examined Cited as authority (rule) United States v. Franz Grey (3×) also: Cited "see"
9th Cir. · 2020 · confidence medium
We have applied this principle not only to suspicionless commercial vehicle inspections but also to inventory searches, see United States v. Johnson, 889 F.3d 1120 , 1126–28 (9th Cir. 2018); United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993), border searches, see United States v. Tsai, 282 F.3d 690 , 694–96 (9th Cir. 2002), and, most recently, inspections of business records, see Perez Cruz v. Barr, 926 F.3d 1128, 1143 (9th Cir. 2019).
discussed Cited as authority (rule) United States v. Lamonte Gaston
9th Cir. · 2018 · confidence medium
A reasonable inventory search is “a well-defined exception to the warrant requirement” because “[t]he policies behind the warrant requirement are not implicated in an inventory search.” Colorado v. Bertine, 479 U.S. 367, 371 (1987). “[A]n inventory search must conform to a standardized and established local procedure.” United States v. Bowhay, 992 F.2d 229, 230 (9th Cir. 1993).
cited Cited as authority (rule) United States v. Ruben Castaneda
9th Cir. · 2018 · confidence medium
United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993). 3 16-10525 2.
discussed Cited as authority (rule) Lawrence Thompson v. Pete Copeland
9th Cir. · 2018 · confidence medium
As the district court found, Copeland “conducted the inventory search of plaintiffs vehicle in accordance with [KCSO] policy,” and “[Thompson] presented] no evidence to the contrary.” While Thompson speculates at length that Copeland’s search was “pretextual,” the “mere fact that an inventory search may also have had an investigatory purpose does not ... invalidate it.” United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. William Moore
9th Cir. · 2016 · signal: cf. · confidence medium
Cf. Florida v. Wells, 495 U.S. 1, 4-5 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990) (holding that the inventory “search was not sufficiently regulated to satisfy the Fourth Amendment” because “the Florida Highway Patrol had no policy whatever with respect to the opening of closed containers encountered during an inventory search”). “[T]he presence of an investigative motive does not invalidate the inventory search,” United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993), so even if the district court had found a subjective investigatory intent, the inventory search by the officer was…
discussed Cited as authority (rule) United States v. Felix Garcia-Godoy
9th Cir. · 2012 · confidence medium
Contrary to Garcia-Godoy’s assertion, the inventory search in this case was not “for the sole purpose of investigation.” Colorado v. Bertine, 479 U.S. 367, 372 , 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987); United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
discussed Cited as authority (rule) United States v. McCarty (2×) also: Cited "see"
9th Cir. · 2011 · confidence medium
Accordingly, this court has held that where a warrantless search is conducted pursuant to a lawful administrative scheme with a constitutionally permissible motivation, "the subjective motive of the individual conducting the search will not invalidate the search." See Bulacan, 156 F.3d at 966 -67 (citing United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993)).
discussed Cited as authority (rule) United States v. McCarty (2×) also: Cited "see"
9th Cir. · 2011 · confidence medium
Accordingly, this court has held that where a warrantless search is conducted pursuant to a lawful administrative scheme with a constitutionally permissible motivation, “the subjective motive of the individual conducting the search will not invalidate the search.” See Bulacan, 156 F.3d at 966 -67 (citing United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993)).
cited Cited as authority (rule) United States v. Joseph Mullaney
9th Cir. · 2010 · confidence medium
United States v. Boivhay, 992 F.2d 229, 230 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Jose Avendano
9th Cir. · 2010 · confidence medium
See South Dakota v. Opperman, 428 U.S. 364, 368-69, 375-76 , 96 S.Ct. 3092 , 49 L.Ed.2d 1000 (1976); United States v. Bowhay, 992 F.2d 229, 230 (9th Cir.1993); United States v. Wanless, 882 F.2d 1459, 1463 (9th Cir.1989).
discussed Cited as authority (rule) United States v. Seljan (2×)
9th Cir. · 2007 · confidence medium
See Whren v. United States, 517 U.S. 806, 813 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996); United States v. Lopez-Soto, 205 F.3d 1101, 1105 (9th Cir.2000); United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (“When the police conduct would have been the same regardless of the officer’s subjective state of mind, no purpose is served by attempting to tease out the officer’s ‘true’ motivation.”).
discussed Cited as authority (rule) United States v. Cecala
10th Cir. · 2000 · confidence medium
E.g., United States v. Frank, 864 F.2d 992, 1001 (3d Cir. 1988); United States v. Judge, 864 F.2d 1144, 1147 (5th Cir. 1989); United States v. Lewis, 3 F.3d 252, 254 (8th Cir. 1993); United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993); United States v. Roberson, 897 F.2d 1092, 1096 (11th Cir. 1990).
discussed Cited as authority (rule) Price v. State (2×)
Ala. Crim. App. · 1997 · confidence medium
A search incident to a lawful arrest requires no justification and can be made of the person arrested and the area within his or her control. "289 See U.S. v. Judge, 864 F.2d 1144, 1145-47 (5th Cir.1989) (inventory search of closed backpack in car trunk valid when backpack impounded according to standard DEA procedures regarding the safekeeping of arrestee's personal belongings), cert. denied, 495 U.S. 918 [ 110 S.Ct. 1946 , 109 L.Ed.2d 309 ] (1990); U.S. v. Porter, 859 F.2d 83 -84 (8th Cir.1988) (per curiam) (inventory search of locked briefcase within car trunk valid based on lawful seizure …
cited Cited as authority (rule) United States v. Seymour
D. Ariz. · 1996 · confidence medium
United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (inventory search of satchel valid even if officer had additional investigative motive).
discussed Cited as authority (rule) United States v. James L. Jacks
9th Cir. · 1996 · confidence medium
United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993); United States v. Cannon, 29 F.3d 472, 476 (9th Cir.1994). 1 8 In light of the existence of probable cause independent of the rescinded no-contact order, it is unnecessary to review the district court's application of Arizona v. Evans, 115 S.Ct. 1185 (1995), and we decline to do so. 9 AFFIRMED. * The panel unanimously finds this case suitable for disposition without oral argument.
cited Cited as authority (rule) State v. Huisman
Iowa · 1996 · confidence medium
This approach prevents “[penalizing officers who are candid enough to admit that they hope to find evidence of a crime.” United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Andrew Lee Lowe
9th Cir. · 1996 · confidence medium
United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993). 6 Second, Lowe argues that Officer Kurian's completed inventory report was so vague that it did not fulfill the purpose of an inventory search to preserve "an accurate property record for the defendant." Lowe does not indicate how flaws in Kurian's search would invalidate Mancillas's earlier but incomplete search.
examined Cited as authority (rule) United States v. Charles Walter Weaver (3×) also: Cited "see"
9th Cir. · 1995 · confidence medium
United States v. Bowhay, 992 F.2d 229, 230 (9th Cir.1993) 2 Although this court has rejected inventory searches of locked trunks when police failed to follow applicable procedures, it has declined to determine if the Fourth Amendment prohibits such searches.
examined Cited as authority (rule) United States v. Mario Alonzo Millan (4×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Recent cases utilize an “objective” test: a stop is pretextual unless a “reasonable officer,” given the same circumstances, “ “would have’ made the stop anyway, apart from [his or her] suspicions about other more serious criminal activity.” Cannon, 29 F.3d at 476 ; United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Eduardo Javier Perez (2×)
9th Cir. · 1994 · confidence medium
Recent cases have employed an “objective” test: a stop is pretextual unless a “reasonable officer,” given the same circumstances, “ ‘would have’ made the stop anyway, apart from [his or her] suspicions about other more serious criminal activity.” Cannon, 29 F.3d at 476 ; United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Jens Schneider
9th Cir. · 1994 · confidence medium
This Court reviews for clear error a district court's determination of facts underlying a decision on a suppression motion, United States v. Johnson, 936 F.2d 1082, 1084 (9th Cir.1991), and reviews de novo whether the facts establish a valid inventory search, United States v. Bowhay, 992 F.2d 229, 230 (9th Cir.1993). 4 Because we find that under the standards set forth in Alderman v. United States, 394 U.S. 165, 171-72 (1969) and Rakas v. Illinois, 439 U.S. 128, 143-44 (1978), appellant did not have standing to challenge the searches of a codefendant's residence, and find that the search of th…
discussed Cited as authority (rule) United States v. Anthony Bruce Cannon
9th Cir. · 1994 · confidence medium
United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (noting that “[w]hen the police conduct would have been the same regardless of the officer’s subjective state of mind, no purpose is served by attempting to tease out the officer’s ‘true’ motivation.”) (citations omitted); see also United States v. Lillard, 929 F.2d 500, 502 (9th Cir.1991) (stop valid regardless of officer’s motivation where officer testified he “would have” stopped the driver anyway for reckless driving).
discussed Cited as authority (rule) United States v. Frank v. Okiyama
9th Cir. · 1994 · confidence medium
United States v. Bowhay, 992 F.2d 229, 230 (9th Cir.1993). 4 Although the government bears the burden of justifying a warrantless search, Johnson, 936 F.2d at 1084 , it is well-established that police officers may conduct a warrantless inventory search of a vehicle which has been impounded, see, e.g., South Dakota v. Opperman, 428 U.S. 364, 369 (1976); Johnson, 936 F.2d at 1084 ; United States v. Wanless, 882 F.2d 1459, 1463 (9th Cir.1989).
discussed Cited as authority (rule) United States v. Rolena Ann Sanders
9th Cir. · 1994 · confidence medium
We must inquire "whether a reasonable officer 'would have' made the [arrest] anyway, apart from his suspicions about other more serious criminal activity." Id. at 1290 (citing United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993); United States v. Lillard, 929 F.2d 500, 502 (9th Cir.1991)); see also Taglavore, 291 F.2d at 265 (finding the defendant's arrest a pretext because of the officers' failure to follow "ordinary procedure" and the timing of the arrest). 16 Here, the facts and circumstances of Sanders's arrest for hitchhiking demonstrate that the arrest was a pretext for the search.
cited Cited "see" United States v. Nahach Garay
9th Cir. · 2019 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993) (explaining that “dual motives” in inventory-search context are permissible).
discussed Cited "see" United States v. Claudio Burgos
9th Cir. · 2015 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (“When the police conduct would have been the same regardless of the officer’s subjective state of mind, no purpose is served by attempting to tease out the officer’s ‘true’ motivation.”).
cited Cited "see" United States v. Jesus Cervantes
9th Cir. · 2012 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993).
discussed Cited "see" United States v. Jesus Cervantes (2×)
9th Cir. · 2012 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
discussed Cited "see" State v. Torres
Haw. App. · 2010 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (noting that “[w]hen the police conduct would have been the same regardless of the officer’s subjective state of mind, no purpose is served by attempting to tease out the officer’s ‘true’ motivation”).
cited Cited "see" United States v. James Antonio
9th Cir. · 2010 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
examined Cited "see" DeBoer v. Pennington (3×)
9th Cir. · 2000 · signal: see · confidence high
See 992 F.2d at 230 .
examined Cited "see" Deboer v. Pennington (3×)
9th Cir. · 2000 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993). 35 Under the inevitable discovery exception, evidence unlawfully obtained may be admitted at trial if the government by a preponderance of the evidence can demonstrate that the evidence would inevitably have been acquired through lawful means.
discussed Cited "see" UNITED STATES of America, Plaintiff-Appellant, v. Sheri Lynn BULACAN, Defendant-Appellee (2×)
9th Cir. · 1998 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (“When the police conduct would have been the same regardless of the officer’s subjective state of mind, no purpose is served by attempting to tease out the officer’s ‘true’ motivation.”).
discussed Cited "see" United States v. Randy Lee Ewain
9th Cir. · 1996 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993)(“Penalizing officers who are candid enough to admit that they hope to find evidence of a crime can only encourage obfuscation and dishonesty, without protecting reasonable expectations of privacy.”).
cited Cited "see" United States v. Norbert Andrew Botelho
9th Cir. · 1996 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993).
discussed Cited "see" UNITED STATES of America, Plaintiff-Appellee, v. Randy Lee EWAIN, Defendant-Appellant
9th Cir. · 1996 · signal: see · confidence high
See United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.l993)(“Penalizing officers who are candid enough to admit that they hope to find evidence of a crime can only encourage obfuscation and dishonesty, without protecting reasonable expectations of privacy.”).
discussed Cited "see, e.g." United States v. Artak Moskovyan
9th Cir. · 2015 · signal: see also · confidence medium
The subsequent inventory search was also valid as the arresting officer followed standardized local procedure, see Cervantes, 703 F.3d at 1141 (citing South Dakota v. Opperman, 428 .U.S. 364, 375-76, 96 S.Ct. 3092 , 49 L.Ed.2d 1000 (1976)), and Moskovyan failed to demonstrate that the officer’s “sole purpose” was investigatory or that he acted in bad faith, see Colorado v. Bertine, 479 U.S. 367, 372 , 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987); see also United States v. Bowhay, 992 F.2d 229, 231 (9th Cir.1993) (holding inventory search was valid despite officer’s admission that he had an ad…
discussed Cited "see, e.g." Michael David George v. State
Tex. App. · 2001 · signal: see also · confidence medium
Bertine , 479 U.S. at 375-76 ; see also United States v. Bowhay , 992 F.2d 229, 231 (9th Cir. 1993) (dual motive of investigation and inventory does not make inventory pretext); United States v. Frank , 864 F.2d 992, 1001 (3rd Cir. 1988) (same); Trujillo v. State , 952 S.W.2d 879, 882 (Tex. App.--Dallas 1997, no pet.) (Fourth Amendment requires only that the inventory not be a pretext for a general rummaging).
discussed Cited "see, e.g." Michael David George v. State
Tex. App. · 2001 · signal: see also · confidence medium
Bertine, 479 U.S. at 375-76 ; see also United States v. Bowhay, 992 F.2d 229, 231 (9th Cir. 1993) (dual motive of investigation and inventory does not make inventory pretext); United States v. Frank, 864 F.2d 992, 1001 (3rd Cir. 1988) (same); Trujillo v. State, 952 S.W.2d 879, 882 (Tex. App.—Dallas 1997, no pet.) (Fourth Amendment requires only that the inventory not be a pretext for a general rummaging).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Paul Robert BOWHAY, Defendant-Appellant
92-30164.
Court of Appeals for the Ninth Circuit.
Apr 23, 1993.
992 F.2d 229
93 Cal. Daily Op. Serv. 2971
1993 U.S. App. LEXIS 8962
1993 WL 124780
Timothy D. Kosnoff, Bellevue, WA, for defendant-appellant., Richard A. Jones, Asst. U.S. Atty., Seattle, WA, for plaintiff-appellee.
Wright, Thompson, Kleinfeld.
Cited by 57 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: D. New Mexico (1)
KLEINFELD, Circuit Judge:

Paul Bowhay appeals from the district court’s denial of his motion to suppress the evidence found in a black satchel which was seized when Bowhay was arrested. Bowhay argues that because the officer who searched the bag had an investigative as well as an inventory motive to search, the search could not be valid under the “inventory” exception to the Fourth Amendment. We reject this argument, and affirm. Since the officer’s genuine purpose was to take an inventory as required by department policy, his second purpose of further investigation does not require suppression.

I. Background

Bowhay was arrested late at night at a storage facility by an officer investigating a possible burglary. The officer had apprehended two robbers, and was looking for more, when Bowhay and Miller, another defendant, emerged from one of the storage buildings. Bowhay was carrying the black satchel at issue in this appeal. Two syringes protruded from the satchel. Miller was also carrying a bag. Upon seeing the officer, he threw the bag under a nearby car. The officer searched the bag discarded by Miller, found drugs in it, and called in the canine unit to sniff Bowhay’s bag. The dog indicated that there were drugs in Bowhay’s bag, and the officer then reached into it and found an envelope which contained narcotics.

Bowhay and the others were then taken to the police station, and so was Bowhay’s bag. The officer searched the bag at the station, and found narcotics sales records, around $2000 in cash, a hand gun, a pager, a notebook containing narcotics, and the envelope with the drugs he had already found.

Claiming that this was not a valid inventory search, Bowhay unsuccessfully moved to suppress the evidence found in the black satchel.

II. Standards

The district court’s findings of fact at a suppression hearing will be upheld unless they are clearly erroneous. United States v. Feldman, 788 F.2d 544, 550 (9th Cir.1986), cert. denied, 479 U.S. 1067, 107 S.Ct. 955, 93 L.Ed.2d 1003 (1987). Whether these facts constitute a bona fide inventory search is reviewed de novo. United States v. Johnson, 936 F.2d 1082 (9th Cir.1991).

To be valid, an inventory search must conform to a standardized and established local procedure, and must be motivated by a “concern to inventory [the items] rather than to search for other incriminating evidence.” Feldman, 788 F.2d at 553.

III.Inventory Search

A. Adherence to the Procedure

The district court found that the Seattle Police Department had a standard procedure regarding any piece of possible evidence brought to the station: everything is inventoried. Bowhay challenges this finding, but we cannot upset it unless it is clearly erroneous. Feldman at 550. The district court’s finding is supported by the officer’s testimony

You can do one of two things with a person’s property after he’s arrested. You can either take it down to the jail, in which case if you do, you need to inventory it so that you’re not introducing any contraband, you’re not introducing money, et cet-era, et cetera, to the jail because we need to account for all that.
Or the other option if it’s not evidence is to introduce it into what we call safekeeping, which goes up to the property room. And property room requires that we have gone through the contraband, et cetera, before they keep it for the subject to retrieve after he’s out of jail.

The officer clearly testified that under either option the property is inventoried.

Bowhay challenges this finding by pointing to a portion of the transcript where the officer testified

Like I said, we don’t have a set policy. You can search this, you can’t search this, you can’t search this, you can search this, you can search that.

[*231] But the context of this testimony makes clear that the officer was responding to questions about policies for searching locked containers, which Bowhay’s bag was not. The latitude allowed was similar to that approved in Florida v. Wells, 495 U.S. 1, 6-7, 110 S.Ct. 1632, 1636, 109 L.Ed.2d 1 (1990). As to the general policy of searching all items for inventory purposes, the officer’s testimony was not equivocal. The trial judge’s finding as to the policy of taking an inventory of all personal property was not clearly erroneous.

B. Purpose of Search

Bowhay argues that because the officer viewed the search as both an investigative and as an inventory search, it could not be a valid inventory search. It is true that an inventory search is invalid if it was a pretext for an investigative search. Feldman, 788 F.2d at 553. In a pretext case, only the investigative motive is bona fide. In this ease, on the other hand, the officer had dual bona fide motives: to search for “narcotics or weapons,” and to compile an inventory of the bag’s contents. Bowhay argues that the presence of the allegedly improper motive invalidates the search.

We have not previously faced a situation in which the searching officer admitted to having dual motives. Usually, a challenge to an inventory search arises when the officer claims to be conducting an inventory search, but the surrounding circumstances show an investigatory purpose rather than a bona fide inventory search. See United States v. Monclavo-Cruz, 662 F.2d 1285, 1289 (9th Cir. 1981).

In the context of arrests, where the officer testified that he knew the defendant was suspected of manufacturing methamphetamine but “would have stopped him anyway because of his speeding and careless driving,” we have held that the dual motive does not make the arrest pretextual. United States v. Lillard, 929 F.2d 500, 502 (9th Cir.1991).

The “would have ... anyway” rationale of Lillard applies to inventory searches as well. United States v. Frank, 864 F.2d 992, 1001 (3rd Cir.1988) (“The mere fact that an inventory search may also have had an investigatory purpose does not, however, invalidate it”), cert. denied, 490 U.S. 1095, 109 S.Ct. 2442, 104 L.Ed.2d 998 (1989); United States v. Bosby, 675 F.2d 1174 (11th Cir. 1982) (evidence admissible if discovered pursuant to inventory procedure, even though officer expected to find evidence); LaFave Search and Seizure § 1.4(e) at 92-3 (2nd ed. 1987) (suppression not required when, even assuming questioned motivation is dominant, “the Fourth Amendment activity undertaken is precisely the same as would have occurred had the intent or motivation been entirely absent from the ease”). When the police conduct would have been the same regardless of the officer’s subjective state of mind, no purpose is served by attempting to tease out the officer’s “true” motivation. See Horton v. California, 496 U.S. 128, 110 S.Ct. 2301, 110 L.Ed.2d 112 (1990) (Court rejects argument that “plain view” seizure requires inadvertent discovery, in part because the Court prefers “application of objective standards of conduct, rather than standards that depend upon the subjective state of mind of the officer”). Penalizing officers who are candid enough to admit that they hope to find evidence of a crime can only encourage obfuscation and dishonesty, without protecting reasonable expectations of privacy.

In this case, the department’s policy was to search everything; the officer had no discretion. Because of this, the presence of an investigative motive does not invalidate the inventory search. Since we uphold this search as a valid inventory search, we do not consider the other proffered justifications for the search.

AFFIRMED.