inventory search exception in Michigan

2023Under the inventory search exception to the warrant requirement, probable cause is not required, and “the police are not required to pursue the least intrusive alternative[].” Toohey, 438 Mich at 274 .

2021Arrested persons have also been known to injure themselves—or others—with 7 The majority, citing People v Toohey, 438 Mich 265, 271-272 ; 475 NW2d 16 (1991), states that “Under the inventory search exception, the police may conduct an inventory search of a vehicle, in accordance with its departmental regulations, that is being impounded following the driver’s valid arrest.” In Toohey, the search of the impounded vehicle was preceded by an arrest, and that statement by our Supreme Court reflects the facts of the case.

2021Indeed, opinions of courts which had before them fully developed records demonstrate that headliners can be used to hide dangerous instrumentalities, the discovery of which is part of the justification for the inventory search doctrine, see Lafayette, 462 US at 646 , and the justification for the policy can be based not only on what an arrestee has access to at the time of arrest, but also based on what will be available following release, id.

2021Indeed, opinions of courts which had before them fully developed records demonstrate that headliners can be used to hide dangerous instrumentalities, the discovery of which is part of the justification for the inventory search doctrine, see Lafayette, 462 US at 646 , and the justification for the policy can be based not only on what an arrestee has access to at the time of arrest, but also based on what will be available following release, id.

2023Id. at 371-372 ; Opperman, 428 US at 369, 373 .

1981South Dakota v Opperman, 428 US 364 ; 96 S Ct 3092 ; 49 L Ed 2d 1000 (1976).

2026See Malone, 180 Mich App at 355 .

1991See People v Blasius, 435 Mich 573 ; 459 NW2d 906 (1990). [5] We note that while the United States Supreme Court refers to the inventory search as an exception to the warrant requirement of the Fourth Amendment; it would be more accurate to refer to such searches as exceptions to the probable cause requirement of that amendment. [6] Defendant also asserted that the search was improperly conducted because the police officer was not aware of his ability to exercise discretion in deciding to impound defendant's automobile.

1991See People v Blasius, 435 Mich 573 ; 459 NW2d 906 (1990). [5] We note that while the United States Supreme Court refers to the inventory search as an exception to the warrant requirement of the Fourth Amendment; it would be more accurate to refer to such searches as exceptions to the probable cause requirement of that amendment. [6] Defendant also asserted that the search was improperly conducted because the police officer was not aware of his ability to exercise discretion in deciding to impound defendant's automobile.