2015 Ohio 4801
Ohio Ct. App.2015Background
- At ~1:20 a.m. on May 29, 2014, OSHP Sgt. Fletcher stopped Saudi Calvin for speeding, discovered he was driving on a suspended license, and arrested him.
- Fletcher decided the vehicle should be towed because Calvin was an out-of-state resident and the car was left on I-75; he began an administrative inventory of the vehicle per OSHP policy.
- While accessing the trunk (the trunk release failed and Fletcher folded down the rear seat), Fletcher found a gym bag containing 131 pills (Oxycodone and Alprazolam); Calvin later admitted ownership and had no prescription.
- Calvin moved to suppress the evidence, arguing the warrantless vehicle search was not a valid inventory search (and initially also argued unlawful arrest); he later limited the challenge to the inventory-search exception.
- The trial court denied suppression; Calvin pled no contest to aggravated possession of drugs (third-degree felony), was sentenced, and appealed solely on the search issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether towing the vehicle constituted an "impoundment" permitting an inventory search | State: towing at officer direction (including to private tow lot) is an impoundment; inventory exception applies when police take custody | Calvin: "tow" is not equivalent to "impound"; inventory exception triggers only when police have physical possession/impound lot control | Held: No legal distinction — a tow directed by police is an impoundment for Fourth Amendment purposes; inventory exception applies |
| Whether OSHP had sufficiently standardized, non-fleeting procedures to justify an inventory search | State: OSHP policy (OSP-200.10) sets objective reasons to remove vehicles; officer acted under written policy and experience, not unfettered whim | Calvin: policy lacks an "intelligible" tow/impound standard and leaves decision to officer discretion, akin to unconstitutional unfettered discretion | Held: Policy provides fettered discretion and objective criteria; decision to tow was reasonable under the policy and Opperman/Bertine framework |
| Whether the method of accessing/searching the trunk complied with inventory procedures | State: trunk was inaccessible by normal release; officer used alternative access; policy allows opening areas accessible to occupant or opening locked containers based on totality | Calvin: policy required use of trunk key; no trunk key was available, so procedure was not followed and search was unreasonable | Held: Strict literal compliance not required; policy permits discretionary decisions based on circumstances; accessing trunk from interior was reasonable and within policy's scope |
| Whether the search was reasonable under the Fourth Amendment inventory-search exception | State: search aimed to secure property, protect against claims, and guard public/officers; done in good faith per policy | Calvin: search was investigatory and unreasonable due to lack of impound justification and procedural noncompliance | Held: Inventory-search exception applies; search was reasonable and in substantial compliance with policy; suppression denied |
Key Cases Cited
- South Dakota v. Opperman, 428 U.S. 364 (inventory-search exception rationale: protect owner's property, protect police from claims, protect public)
- Colorado v. Bertine, 479 U.S. 367 (inventory searches must follow standardized procedures; fettered discretion permissible)
- Florida v. Wells, 495 U.S. 1 (inventory searches must be conducted in good faith and according to reasonable standardized procedures)
- Cady v. Dombrowski, 413 U.S. 433 (search of a vehicle placed at officers' direction to protect public safety may be reasonable without a warrant)
- Katz v. United States, 389 U.S. 347 (warrantless searches are presumptively unreasonable absent established exceptions)
- Coolidge v. New Hampshire, 403 U.S. 443 (warrantless-search rule and limits on per se rules)
- State v. Mesa, 87 Ohio St.3d 105 (Fourth Amendment reasonableness governs vehicle inventory searches)
- State v. Robinson, 58 Ohio St.2d 478 (Ohio case applying inventory-search principles where officer inventoried car before tow)