Berry v. State, 2012 Ind. App. LEXIS 216

Berry was convicted of possession of marijuana, a Class A misdemeanor, after an inventory search of a car impounded by police.
On May 8, 2010, Berry blocked customer traffic at a car wash; police discovered his license was suspended and towed the car.
Officer Sherrell conducted an inventory search of the vehicle, finding marijuana in the door compartment and inside a folded paper in the ashtray, plus a digital scale.
No formal inventory sheets were created; the officer maintained the marijuana and scale in an evidence bag.
A bench trial denied Berry’s suppression motion; Berry was convicted and sentenced to 365 days with most suspended.
On appeal, Berry challenged the admissibility of evidence obtained during the inventory search, arguing improper impoundment and search.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the inventory search was valid under the Fourth Amendment.	Berry argues impoundment lacked proper caretaking basis and policy support.	State contends impoundment and inventory search were proper under departmental practice.	Inventory search invalid; Fourth Amendment violation; admission of evidence improper.

Fair v. State, 627 N.E.2d 427 (Ind. 1993) (inventory searches require proper impoundment and scrupulous inventorying)
Colorado v. Bertine, 479 U.S. 367 (U.S. 1987) (impoundment decisions must be based on standard criteria, not suspicion of crime)
Taylor v. State, 842 N.E.2d 327 (Ind.2006) ( Fourth Amendment protections apply to state actions; warrants generally required absent exceptions)
Widduck v. State, 861 N.E.2d 1267 (Ind.Ct.App.2007) (standard of review for evidentiary rulings is abuse of discretion)
Weida v. City of West Lafayette, 896 N.E.2d 1218 (Ind.Ct.App.2008) (waiver principles when challenging community caretaking justification)
Peete v. State, 678 N.E.2d 415 (Ind.Ct.App.1997) (policies may be relevant to impoundment decisions)