Impoundment and Inventory Searches of an Arrestee’s Vehicle

• Community Caretaking Doctrine
• Impounding and Inventory Searches of Vehicles

The constitutionality of an impoundment and inventory search of an arrestee’s motor vehicle depends upon the applicability the Community Caretaking Doctrine.  Generally, the Community Caretaking rule applies in those situations when the driver has been arrested and his vehicle is parked illegally, poses a safety hazard, or is vulnerable to vandalism or theft.  This includes when the vehicle is in a third party’s driveway. An inventory search of an impounded vehicle is lawful so long as not used as a subterfuge for a criminal investigation and his/her unfettered discretion is limited by a law enforcement agency’s searching procedures. 

San Bernardino County Sheriff’s Deputy Daniel Peterson attempted to stop defendant Jonathan Anderson at about 2:00 a.m. one morning, for a partially obscured license plate in violation of