police errors?

Question

if your car is searched when your car was impounded because the police didnt have probable cause to search your car, and they had to wait until they could find a judge who would actually give them a search warrant, and during the search and drugs are found but the police didnt write it in the inventory of what was found in your car, can they still charge you for it? wouldnt that mean that legally they didnt find it in your car?

there was marijuana listed on the evidence log but in court they charged me with other drugs that werent on the list

Answer 1

I think you are mistaking two different types of searches. When you are arrested out of a vehicle and the car is impounded then the police have to inventory the vehicle. This is a limited search and not all areas where drugs could be hidden will be checked. for example in the door lining or under the hood.

Now if after you are arrested and the car is impounded and an inventory is complete, the police can not re-enter your vehicle without a search warrant from a judge.

If they now have reason to believe there may have been drugs in the vehicle and they find a Judge to sign a search warrant, then yes they can go in and check everywhere you may hide drugs. if they locate some, they will not be listed on the inventory, because the inventory was already completed.

Cort is correct also. If drugs are located in the vehicle during any search, they will not be listed in the inventory at all. The drugs will be taken as evidence and will be listed in the Officers report. Only Items that are left in the vehicle are listed on the inventory.

Answer 2

It depends on the law where you live. What you described would be legal here, and would not require a search warrant.

A hypothetical situation would be something like this...You get stopped for not using your turn signal. During the course of the stop the officer discovers your license is suspended or you don't have proof of insurance, so he is going to impound your vehicle. He calls for a tow truck and you are issued a traffic citation.

Prior to the vehicle being towed away, the officer completes an inventory of the vehicle's contents. This is not a search. The inventory is only done to protect your property, protect the police department from possible civil liability, and to keep the tow company honest.

If evidence of a crime (dope) is found during the inventory, the officer can seize the evidence and make an arrest. This would not be listed on the inventory sheet, because the sheet only lists the items in the vehicle when it is taken by the tow company. The dope would have been removed by then.

Finally, in order for the inventory to be legal it has to be done in accordance with written policy, which has to be followed to the letter. The officer cannot use discretion doing the inventory, it has to be the same way every time.

Good question.

Answer 3

First: was your car impounded because you were arrested? If you were arrested then the search of the vehicle is authorized as a "post arrest search". Meaning, once you are arrested our of a vehicle, the vehicle is then open to search without warrant. The inventory is completed after the search.

Second: Drugs will not be written on the vehicle inventory. The vehicle inventory is a to document property of value inside the vehicle to cover liability issues during the impound (stereo equipment, money, jewelry, clothing, etc). If the police found marijuana, they would seize it and remove it from the vehicle. They would then do a property and evidence form and book it into their evidence vault as evidence.

Anyway, the inventory is only to document and account for items that were in your vehicle before it was taken to impound. Therefore, the marijuana would not be listed there.

Answer 4

If you were never charged then whats the problem, if you were charged then the drugs do not go on the impoundment paperwork, its goes into the evidence paperwork. Anything illegal cannot be listed in the impoundment inventory, it has to be seized and documented in an evidence inventory list.

Answer 5

It all comes down to testimony a good prosecutor can have anything admitted if shown that there was good faith and in a search chain of custody or inventory. only on TV will good evidence be thrown out of not admitted. Cops are not legal experts and I said if the error was not on purpose then good faith is the key There is a very thin line between search and inventory

Answer 6

if they did not report the find then they can not prove they found it.get a copy of the report and make sure there is no mention of it before you go to court.it can be on the report of the bust and not be on the inventory.becare what you say and to who.get a lawyer.

Answer 7

Secret Indictment, you arent suposed to know yet but they are probally taking it to the grand jury.

Answer 8

THanson is the only one here who knows what he's talking about. The Law may be blind, but it's not stupid.

Answer 9

Yes Missy old girl. if its not on list then they havent found it so keep quiet about it.
They probably smoked it themselves !!

Answer 10

Do they need a warrant if they stop you in the execution
of a crime, in terms of the evidentiary chain a police witness
that you had the stuff should be enough to convict you.........

Why do you think you should get off if there were drugs in
your vehicle................................................................................

What about probable cause.........................this covers it I am
sure and they have got you........................................................