United States v. Jerry L. Petty, 367 F.3d 1009 (8th Cir. 2004). · Go Syfert
United States v. Jerry L. Petty, 367 F.3d 1009 (8th Cir. 2004). Cases Citing This Book View Copy Cite
“it would have been simpler for the government to present the police department's written impoundment policy ... but testimony can be sufficient to establish police procedures.”
120 citation events (120 in the last 25 years) across 21 distinct courts.
Strongest positive: State v. Kenneth M. Asboth, Jr. (wis, 2017-07-06)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Kenneth M. Asboth, Jr. (4×) also: Cited as authority (rule)
Wis. · 2017 · quote attribution · 2 verbatim quotes · confidence high
some degree of 'standardized criteria' or 'established routine' must regulate these police actions . . . .
discussed Cited as authority (verbatim quote) State v. McDowell (2×) also: Cited "see, e.g."
Mo. Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
it would have been simpler for the government to present the police department's written impoundment policy ... but testimony can be sufficient to establish police procedures.
discussed Cited as authority (rule) Terry Hofaker v. Stokey, Officer Kearney Police Department; Schroeder, Sergeant Kearney Police Department; Jorgensen Jr., Judge Buffalo County Court; Brandon Brinegar, Buffalo County Public Defender's Office; Melanie R. Young, Prosecutor Buffalo County; Corey O'Brien, Prosecutor Phelps County; and Anderson, Sheriff Phelps County (2×)
D. Neb. · 2026 · confidence medium
However, “[i]mpoundment of a vehicle for the safety of the property and the public is a valid community caretaking function of the police, which does not require a warrant.” United States v. Kimhong Thi Le, 474 F.3d 511, 514 (8th Cir. 2007) (quoting United States v. Petty, 367 F.3d 1009, 1011 (8th Cir. 2004) (internal quotation marks omitted)).
discussed Cited as authority (rule) Hicks v. State
Md. Ct. Spec. App. · 2025 · confidence medium
See United States v. Duguay, 93 16 F.3d 346, 351 (7th Cir. 1996) (“Among those criteria which must be standardized are the circumstances in which a car may be impounded.”); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004) (“Some degree of ‘standardized criteria’ or ‘established routine’ must regulate these police actions . . . to ensure that impoundments and inventory searches are not merely ‘a ruse for general rummaging in order to discover incriminating evidence.’” (citation omitted)); Sanders, 796 F.3d at 1248 (holding that an impoundment is constitutional “…
discussed Cited as authority (rule) United States v. Jason Potter
8th Cir. · 2025 · confidence medium
“It is not feasible for a police department to develop a policy that provides clear-cut guidance in every potential impoundment situation, and the absence of such mechanistic rules does not necessarily make an impoundment unconstitutional.” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004). -4- The officers’ decision to tow and inventory Potter’s car was a valid exercise of their community caretaking function.
discussed Cited as authority (rule) Ackerson v. Pfeiffer
E.D. Mo. · 2024 · confidence medium
However, “{i]mpoundment of a vehicle for the safety of the property and the public is a valid community caretaking function of the police, which does not require a warrant.” See United States v. Kimhong Thi Le, 474 F.3d 511, 514 (8th Cir. 2007) (quoting United States v. Petty, 367 F.3d 1009, 1011 (8th Cir. 2004)) (internal quotation marks omitted).
discussed Cited as authority (rule) Washington v. Goplin
D. Neb. · 2024 · confidence medium
See United States v. Perez, 29 F.4th 975, 984 (8th Cir. 2022); United States v. Harris, 795 F.3d 820, 822 (8th Cir. 2015); United States v. Williams, 777 F.3d 1013, 1016 (8th Cir. 2015); United States v. Arrocha, 713 F.3d 1159, 1163 (8th Cir. 2013); United States v. Le, 474 F.3d 511, 514 (8th Cir. 2007); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
discussed Cited as authority (rule) United States v. Scott Nielsen (2×) also: Cited "see, e.g."
8th Cir. · 2023 · confidence medium
As we have repeatedly stated, officers “may keep their eyes open for potentially incriminating items that they might discover in the course of an inventory search, as long as their sole purpose is not to investigate a crime.” United States v. Petty, 367 F.3d 1009, 1013 (8th Cir. 2004) (emphasis added) (citation omitted); see also United States v. Agofsky, 20 F.3d 866, 873 (8th Cir. 1994) (“The presence of an investigatory motive, even if proven, does not invalidate an otherwise lawful inventory search.”). “‘[S]omething else’ must be present to suggest that the police were engagin…
discussed Cited as authority (rule) Harold Baker v. Commonwealth of Kentucky
Ky. Ct. App. · 2022 · confidence medium
The Kentucky Supreme Court noted that “[p]olice may take protective custody of a vehicle when they have arrested its occupants, even if it is lawfully parked and poses no public safety hazard.” Id. at 711 (quoting United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004)).
discussed Cited as authority (rule) United States v. Jose Perez
8th Cir. · 2022 · confidence medium
We have similarly held “[r]equiring an officer to conduct an inventory search pursuant to ‘standardized criteria’ or an ‘established routine’ does not mean that the search must be made in a ‘totally mechanical’ fashion.” Kennedy, 427 F.3d at 1143 (quoting United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004)).
cited Cited as authority (rule) King v. Allison
D. Neb. · 2021 · confidence medium
United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
cited Cited as authority (rule) King v. Smith
D. Neb. · 2021 · confidence medium
United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
discussed Cited as authority (rule) United States v. Venezia
10th Cir. · 2021 · confidence medium
Petty, 367 F.3d 1009, 1012 (8th Cir. 2004) (parking lot of a business that was closed); United States v. Ramos-Morales, 981 F.2d 625, 626 (1st Cir. 1992) (public street outside an unknown building); United States v. Staller, 616 F.2d 1284, 1290 (5th Cir. 1980) (mall parking lot).
cited Cited as authority (rule) Reed v. Hovey
D. Neb. · 2021 · confidence medium
United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
discussed Cited as authority (rule) Clarence L. Cobb v. Commonwealth of Kentucky
Ky. · 2017 · confidence medium
In United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004), the United States Court of Appeals for the Eighth Circuit stated that "[p]olice may take protective custody of a vehicle when they have arrested its occupants, even if it 8 is lawfully parked and poses no public safety hazard." (Internal citations and quotation marks omitted).
discussed Cited as authority (rule) Clarence L. Cobb v. Commonwealth of Kentucky
Ky. · 2017 · confidence medium
In United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004), the United States *711 Court of Appeals for the Eighth Circuit stated that “[p]olice may take protective custody of a vehicle when they have arrested its occupants, even if it is lawfully parked and poses no public safety hazard.” (Internal citations and quotation marks omitted).
discussed Cited as authority (rule) United States v. Sanders
10th Cir. · 2015 · confidence medium
The Eighth Circuit holds that such impoundments must be regulated by “[s]ome degree of standardized criteria or established routine.” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004) (quotation omitted).
discussed Cited as authority (rule) United States v. Henry Williams
8th Cir. · 2015 · confidence medium
These standardized criteria, however, do not need to be part of the written policy itself, so long as “the officer’s residual judgment is exercised based on legitimate concerns related to the purposes of an impoundment.” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004). “[A]n impoundment policy may allow some latitude and exercise of judgment by a police officer....” Id. (internal quotations omitted).
discussed Cited as authority (rule) United States v. John Arrocha
8th Cir. · 2013 · confidence medium
We interpreted and applied that ruling in United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004): Some degree of “standardized criteria” or “established routine” must regulate these police actions, which may be conducted without the safeguards of a warrant or probable cause, to ensure that impoundments and inventory searches are not merely a ruse for general rummaging in order to discover incriminating evidence.
cited Cited as authority (rule) United States v. Alexander McKinnon
5th Cir. · 2012 · confidence medium
Cir. 2007); United States v. Coccia, 446 F.3d 233, 239 (1st Cir. 2006); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
cited Cited as authority (rule) United States v. Alexander McKinnon
5th Cir. · 2012 · confidence medium
Cir. 2007); United States v. Coccia, 446 F.3d 233, 239 (1st Cir. 2006); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
cited Cited as authority (rule) United States v. Alexander McKinnon
5th Cir. · 2012 · confidence medium
Cir. 2007); United States v. Coccia, 446 F.3d 233, 239 (1st Cir. 2006); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
discussed Cited as authority (rule) United States v. McKinnon
5th Cir. · 2012 · confidence medium
See United States v. Castro, 166 F.3d 728, 734 (5th Cir.1999) (en banc); United States v. Smith, 522 F.3d 305, 315 (3d Cir.2008); United States v. Proctor, 489 F.3d 1348, 1353 (D.C.Cir. 2007); United States v. Coccia, 446 F.3d 233, 239 (1st Cir.2006); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004). *208 The origin of the community caretaking exception is found in the United States Supreme Court’s decision in South Dakota v. Opperman, 428 U.S. 364 , 96 S.Ct. 3092 , 49 L.Ed.2d 1000 (1976).
discussed Cited as authority (rule) United States v. Ceruti (2×)
W.D. Mo. · 2011 · confidence medium
United States v. Petty, 367 F.3d 1009, 1011-12 (8th Cir.2004) (quoting Cady v. Dombrowski 413 U.S. at 441 , 93 S.Ct. 2523 ).
discussed Cited as authority (rule) United States v. Garreau
D.S.D. · 2010 · confidence medium
An inventory search need not be made in a “totally mechanical” manner, United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004) (quoting Wells, 495 U.S. at 4 , 110 S.Ct. 1632 ), but “some degree of ‘standardized criteria’ or ‘established routine’ must regulate” an inventory search.
discussed Cited as authority (rule) United States v. Smith
3rd Cir. · 2008 · confidence medium
It also indicated, citing and quoting Duguay and United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004), that “[a]t least two of our sister circuits have held that the decision to impound must be made pursuant to a standard procedure.” Proctor, 489 F.3d at 1353 .
discussed Cited as authority (rule) United States v. Smith
3rd Cir. · 2008 · confidence medium
It also indicated, citing and quoting Duguay and United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004), that “[a]t least two of our sister circuits have held that the decision to impound must be made pursuant to a standard procedure.” Proctor, 489 F.3d at 1353 .
discussed Cited as authority (rule) United States v. Sanchez
D. Mass. · 2008 · confidence medium
See United States v. Proctor, 489 F.3d 1348, 1353 (D.C.Cir.2007) (explicitly declining to adopt the First Circuit’s position on inventory searches, and holding that "if a standard impoundment procedure exists, a police officer's failure to adhere thereto is unreasonable and violates the Fourth Amendment”); United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004) ("Some degree of 'standardized criteria’ or 'established routine' must regulate [impoundments]” but "an im-poundment policy may allow some latitude’ and 'exercise of judgment' by a police officer when those decisions are ba…
discussed Cited as authority (rule) United States v. Hall
8th Cir. · 2007 · confidence medium
“So long as the officer’s residual judgment is exercised based on legitimate concerns related to the purposes of an impoundment, his decision to impound a particular vehicle does not run afoul of the Constitution.” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004).
discussed Cited as authority (rule) United States v. Jeremy Ray Hall
8th Cir. · 2007 · confidence medium
“So long as the officer’s residual judgment is exercised based on legitimate concerns related to the purposes of an impoundment, his decision to impound a particular vehicle does not run afoul of the Constitution.” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004).
examined Cited as authority (rule) United States v. Kimhong Thi Le (3×) also: Cited "see"
8th Cir. · 2007 · confidence medium
Discussion “When considering the denial of a motion to suppress evidence, we review the district court’s factual findings for clear error and its legal conclusions de novo.” United States v. Petty, 367 F.3d 1009, 1011 (8th Cir.2004).
examined Cited as authority (rule) United States v. Kimhong Thi Le (3×) also: Cited "see"
8th Cir. · 2007 · confidence medium
Discussion “When considering the denial of a motion to suppress evidence, we review the district court’s factual findings for clear error and its legal conclusions de novo.” United States v. Petty, 367 F.3d 1009, 1011 (8th Cir. 2004).
discussed Cited as authority (rule) United States v. Joel Leon Beal
8th Cir. · 2005 · confidence medium
Here, the officers followed the Cedar Rapids Police Department policy governing inventory searches when it performed the search, see United States v. Petty, 367 F.3d 1009, 1013 (8th Cir.2004), and there is no indication that the policy permits officers to perform inventory searches in an unconstitutional manner.
discussed Cited as authority (rule) United States v. Joel Beal
8th Cir. · 2005 · confidence medium
Here, the officers followed the Cedar Rapids Police Department policy governing inventory searches when it performed the search, see United States v. Petty, 367 F.3d 1009, 1013 (8th Cir. 2004), and there is no indication that the policy permits officers to perform inventory searches in an unconstitutional manner.
examined Cited as authority (rule) United States v. Kimhong Thi Le (3×) also: Cited "see"
D.N.D. · 2005 · confidence medium
United States v. Petty, 367 F.3d 1009, 1011 (8th Cir.2004).
discussed Cited as authority (rule) United States v. Jason Mark Kennedy (2×)
8th Cir. · 2005 · confidence medium
Florida v. Wells, 495 U.S. 1, 4 , 110 S.Ct. 1632 , 109 L.Ed.2d 1 (1990); United States v. Petty, 367 F.3d 1009, 1011-12 (8th Cir.2004).
cited Cited as authority (rule) United States v. Jason Mark Kennedy
8th Cir. · 2005 · confidence medium
Florida v. Wells, 495 U.S. 1, 4 (1990); United -9- States v. Petty, 367 F.3d 1009, 1011-12 (8th Cir. 2004).
examined Cited as authority (rule) United States v. Keys (3×)
D.N.D. · 2005 · confidence medium
Stated differently, “[P]olice may exercise discretion to impound a vehicle, ‘so long as that discretion is exercised according to standard criteria and on the basis of something other than suspicion of evidence of criminal activity.’ ” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004) (quoting Bertine, 479 U.S. 367, 375 , 107 S.Ct. 738 , 93 L.Ed.2d 739 )).
cited Cited as authority (rule) United States v. Robert Lee Chauncey
8th Cir. · 2005 · confidence medium
United States v. Petty, 367 F.3d 1009, 1011 (8th Cir. 2004).
discussed Cited as authority (rule) United States v. Robert Lee Chauncey (2×)
8th Cir. · 2005 · confidence medium
United States v. Petty, 367 F.3d 1009, 1011 (8th Cir.2004).
discussed Cited as authority (rule) United States v. Darcy Jay Betterton (2×)
8th Cir. · 2005 · confidence medium
To be constitutional, “[a] warrantless inventory search must be done pursuant to ‘standard police procedures’ and for the purpose of ‘protecting the car and its contents.’ ” United States v. Best, 135 F.3d 1223, 1225 (8th Cir.1998) (quoting South Dakota v. Opperman, 428 U.S. 364, 372, 373 , 96 S.Ct. 3092 , 49 L.Ed.2d 1000 (1976)). “[P]olice may exercise discretion to impound a vehicle, ‘so long as that discretion is exercised according to standard criteria and on the basis of something other than suspicion of evidence of criminal activity.’ ” United States v. Petty, 367 F.3…
discussed Cited as authority (rule) United States v. Darcy Jay Betterton
8th Cir. · 2005 · confidence medium
To be constitutional, “[a] warrantless inventory search must be done pursuant to -3- ‘standard police procedures’ and for the purpose of ‘protecting the car and its contents.’” United States v. Best, 135 F.3d 1223, 1225 (8th Cir. 1998) (quoting South Dakota v. Opperman, 428 U.S. 364, 372, 373 (1976)). “[P]olice may exercise discretion to impound a vehicle, ‘so long as that discretion is exercised according to standard criteria and on the basis of something other than suspicion of evidence of criminal activity.’” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004) (q…
discussed Cited as authority (rule) United States v. Hector Esquivias
8th Cir. · 2005 · confidence medium
When considering a denial of a motion to suppress, this Court reviews “the district court’s factual findings for clear error and its legal conclusions de novo.” United States v. Petty, 367 F.3d 1009, 1011 (8th Cir.2004).
discussed Cited as authority (rule) United States v. Hector Esquivias
8th Cir. · 2005 · confidence medium
When considering a denial of a motion to suppress, this Court reviews “the district court’s factual findings for clear error and its legal conclusions de novo.” United States v. Petty, 367 F.3d 1009, 1011 (8th Cir. 2004).
discussed Cited as authority (rule) United States v. Duong
D.N.D. · 2004 · confidence medium
“Some degree of ‘standardized criteria’ or ‘established routine’ must regulate such police actions, which may be conducted without the safeguards of a warrant or probable cause, to ensure that impoundments and inventory searches are not merely ‘a ruse for general rummaging in order to discover incrimina *972 ting evidence.’ ” United States v. Petty, 367 F.3d 1009, 1012 (8th Cir.2004).
discussed Cited as authority (rule) United States v. Victor Barragan
8th Cir. · 2004 · confidence medium
United States v. Petty, 367 F.3d 1009, 1011 (8th Cir. 2004). "[W]here the defendant fails to file timely objections to the magistrate judge's report and recommendation, the factual conclusions underlying that defendant's appeal are reviewed for plain error." United States v. Looking, 156 F.3d at 809 .
discussed Cited as authority (rule) United States v. Victor Barragan
8th Cir. · 2004 · confidence medium
United States v. Petty, 367 F.3d 1009, 1011 (8th Cir.2004). “[W]here the defendant fails to file timely objections to the magistrate judge’s report and recommendation, the factual conclusions underlying that defendant’s appeal are reviewed for plain error.” United States v. Looking, 156 F.3d at 809.
discussed Cited "see" United States v. Marcelino Williamson
8th Cir. · 2021 · signal: see · confidence high
See United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004) (explaining that “testimony can be sufficient to establish police procedures”); see also United States v. Betterton, 417 F.3d 826, 830 (8th Cir. 2005) (“[T]he absence of a written policy controlling the decision to impound a vehicle does not automatically render an inventory search unconstitutional.”).
discussed Cited "see" United States v. Michael Green
8th Cir. · 2019 · signal: see · confidence high
See Petty , 367 F.3d at 1012 (finding that a department policy which allowed for police discretion to determine whether a driver was "available" or a vehicle was "abandoned" constituted sufficiently standardized procedures).
discussed Cited "see" United States v. Lyle & Van Praagh
2d Cir. · 2019 · signal: see · confidence high
See United States v. Petty, 367 F.3d 1009, 1012 (8th Cir. 2004) (holding that ʺ[s]ome degree of standardized criteria or established routine must regulate these police actions . . . to ensure that impoundments and inventory searches are not merely a ruse for general rummaging in order to discover incriminating evidenceʺ (internal quotation marks omitted)); United States v. Duguay, 93 F.3d 346, 351 (7th Cir. 1996) (ʺAmong those criteria which must be standardized are the circumstances in which a car may be impounded.ʺ).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Jerry L. PETTY, Appellant
03-3388.
Court of Appeals for the Eighth Circuit.
May 18, 2004.
367 F.3d 1009
Stephen Carl Moss, argued, Assistant Federal Public Defender, of Kansas City, Missouri (Raymond C. Conrad on the brief), for appellant., Michael J. Hunt, argued, Special Assistant U.S. Attorney, of Kansas City, Missouri (Todd P. Graves on the brief), for appellee.
Wollman, Arnold, Colloton.
Cited by 65 opinions  |  Published
COLLOTON, Circuit Judge.

Jerry Petty was charged with unlawful possession of a firearm as a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). Petty moved to suppress two handguns found during an inventory search of a rental car on the ground that the car was impounded in violation of the Fourth Amendment. After the district court [1] denied Petty’s motion, Petty entered a conditional guilty plea, reserving the right to appeal the denial of his suppression motion. We affirm.

[*1011] I.

In the early morning hours of August 19, 2002, Officer James Helton of the Kansas City, Missouri, police department saw Petty drop a bag in an area known for narcotics activity and prostitution. An officer retrieved the bag, and it contained crack cocaine. Petty was arrested. While searching Petty incident to his arrest, officers found over $2,000 in cash and an Enterprise Leasing car key.

While detaining Petty, officers observed a female walking toward an adjacent parking lot. The officers questioned the female, who stated that she had come to the area with Petty in a white car. The officers located a white car in the parking lot. The lot belonged to a business that was closed, but the district court found that the car was not parked illegally. Enterprise Leasing owned the car, and the unidentified female claimed no interest in it. After taking Petty into custody, the officers decided to impound the car. Before towing the vehicle, it was police department procedure to create an inventory of its contents. During the inventory search, the police found two stolen .38 caliber revolvers which were loaded.

Petty moved to suppress the guns. The government did not rely on probable cause to search the vehicle, cf. United States v. Brown, 49 F.3d 1346, 1350 (8th Cir.1995), but argued instead that the search was a permissible inventory conducted after a lawful impoundment. At the suppression hearing, Officer Helton testified that when a suspect with a car at the scene is taken into custody, it was department policy either to “tow the vehicle, release it to another subject, or leave it there.” He further testified that the decision to impound the car was made, at least in part, because it was owned by Enterprise Leasing, not by Petty. Officer Helton explained that “what we do is we tow it to our tow lot, and then Enterprise will come back and recover the vehicle.”

The officer testified that he ruled out the option of releasing the car to another subject, because the female companion had no interest in the vehicle. He stated that after consulting with a police sergeant, he declined to leave the car in the parking lot, reasoning that the car “was on a private lot,” that “you can’t leave a car abandoned, ... because we’re responsible for it,” and that the car “did not belong there.” He explained that police earlier had caused the only other non-business vehicle in the parking lot to exit by directing the sleeping driver to “move on.” On cross-examination, Officer Helton acknowledged that part of his motivation in towing the car was to find out whether there were more drugs or cash inside, saying “that’s part of our investigation.”

The district court, adopting the report and recommendation of a magistrate judge, denied Petty’s motion to suppress the firearms. Petty pled guilty to the firearms charge, and he was sentenced to a term of 20 months imprisonment.

II.

When considering the denial of a motion to suppress evidence, we review the district court’s factual findings for clear error and its legal conclusions de novo. United States v. Vanhorn, 296 F.3d 713, 717 (8th Cir.2002), cert. denied, 537 U.S. 1167, 123 S.Ct. 981, 154 L.Ed.2d 907 (2003). Petty argues that the impoundment of the rental car by police was unconstitutional. As a result, he contends, the firearms discovered pursuant to the subsequent inventory search were the fruit of an unlawful seizure, and must be suppressed.

Impoundment of a vehicle for the safety of the property and the public is a valid “community caretaking” function of[*1012] the police. Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973). “Police may take protective custody of a vehicle when they have arrested its occupants, even if it is lawfully parked and poses no public safety hazard.” United States v. Martin, 982 F.2d 1236, 1240 (8th Cir.1993) (citations omitted). Despite these well-established principles, Petty argues that the seizure was invalid because the government failed to present evidence of a standardized impoundment policy to guide the exercise of police discretion.

Petty’s argument is based on Colorado v. Bertine, 479 U.S. 367, 375, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987), wherein the Supreme Court held that police may exercise discretion to impound a vehicle, “so long as that discretion is exercised according to standard criteria and on the basis of something other than suspicion of evidence of criminal activity.” Some degree of “standardized criteria” or “established routine” must regulate these police actions, which may be conducted without the safeguards of a warrant or probable cause, to ensure that impoundments and inventory searches are not merely “a ruse for general rummaging in order to discover incriminating evidence.” See Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990).

The requirement that discretion be fettered, however, has never meant that a decision to impound or inventory must be made in a “totally mechanical” fashion. Wells, 495 U.S. at 4, 110 S.Ct. 1632. As with an inventory search, an impoundment policy may allow some “latitude” and “exercise of judgment” by a police officer when those decisions are based on concerns related to the purposes of an im-poundment. Id. It is not feasible for a police department to develop a policy that provides clear-cut guidance in every potential impoundment situation, and the absence of such mechanistic rules does not necessarily make an impoundment unconstitutional.

The district court found that “[i]t is standard police policy to tow a vehicle when there is no one available to drive it,” and Officer Helton testified that the police were responsible for impounding a vehicle that was abandoned. It would have been simpler for the government to present the police department’s written impoundment policy, cf. State v. Meza, 941 S.W.2d 779, 781-82 (Mo.Ct.App.1997), but testimony can be sufficient to establish police procedures, United States v. Lowe, 9 F.3d 43, 46 (8th Cir.1993), and we find no clear error in the district court’s finding that the department had a standard policy. To be sure, under the procedures described in this case, the officer must exercise some judgment to determine whether a driver is “available” or a vehicle is “abandoned” in a particular instance, but we believe the proffered criteria are sufficiently “standardized” to satisfy the reasonableness requirement of the Fourth Amendment. So long as the officer’s residual judgment is exercised based on legitimate concerns related to the purposes of an impoundment, his decision to impound a particular vehicle does not run afoul of the Constitution. Cf. Wells, 495 U.S. at 4, 110 S.Ct. 1632.

The police had a sufficient basis to conclude that the rental car should be impounded pursuant to their standard policy, and that exercise of the community care-taking function was warranted. There was no driver available, because Petty had been arrested, and his female companion wanted nothing to do with the car. The car was left unattended at 1:30 a.m. in an area known for narcotics and prostitution. The business that owned the parking lot was closed, and there was no reason for officers to believe that Petty (who had just been arrested for possession of crack cocaine) was connected to the business. The[*1013] vehicle was owned by Enterprise Leasing, not by Petty, so the police appropriately were concerned with protecting the property of the rental company from damage or theft. It was not unreasonable for the police, having just arrested the party who leased the vehicle, to feel that they were responsible for safeguarding the car until it could be retrieved by the owner.

Petty argues that the impoundment was nevertheless tainted by the officer’s investigatory motive. That an officer suspects he might uncover evidence in a vehicle, however, does not preclude the police from towing a vehicle and inventorying the contents, as long as the impoundment is otherwise valid. United States v. Garner, 181 F.3d 988, 991-92 (8th Cir.1999). Indeed, police “may keep their eyes open for potentially incriminating items that they might discover in the course of an inventory search, as long as their sole purpose is not to investigate a crime,” United States v. Marshall, 986 F.2d 1171, 1176 (8th Cir.1993), and the same rule applies to an impoundment that precedes an inventory.

:{{ ifc #

For the foregoing reasons, we affirm the judgment of the district court.

1

. The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri, adopting the report and recommendation of the Honorable Sarah W. Hays, United States Magistrate Judge for the Western District of Missouri.