State v. Kemp, 2011 Ohio 4235

Kemp was charged with drug trafficking, drug possession, and possessing criminal tools, with forfeiture specifications; he moved to suppress evidence which the court denied and was convicted after a no-contest plea.
Police stopped Kemp after learning the vehicle owner had a suspended license under FRA, and Kemp did not have a valid license or registration for the car.
Kemp was arrested for driving with a suspended license and placed in a patrol vehicle; the car was later towed.
During an inventory search conducted as part of the tow process, officers found 1.16 grams of crack cocaine, two scales, and additional property (cash, cell phone, camcorder) in the car.
Kemp argued the vehicle search violated the Fourth Amendment; the trial court denied the motion to suppress, and Kemp appealed the denial.
The appellate court affirmed, holding the inventory search of the towed vehicle was permissible under the inventory exception to the warrant requirement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the inventory search of the towed vehicle complied with Fourth Amendment limits	Kemp	Kemp	Inventory search valid; no Fourth Amendment violation

State v. Burnside, 100 Ohio St.3d 152 (2003) (standard for suppression review; mixed law and fact)
State v. Mesa, 87 Ohio St.3d 105 (1999) (inventory search exception to warrant requirement)
State v. Peagler, 76 Ohio St.3d 496 (1996) (inventory search permissible when impounded)
Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches in impoundment context)
State v. Robinson, 58 Ohio St.2d 478 (1979) (inventory searches not pretextual rummaging)
State v. Caponi, 12 Ohio St.3d 302 (1984) (inventory searches must be reasonable and not investigatory)
United States v. Arizona v. Gant, 556 U.S. 332 (2009) (limits vehicle searches incident to arrest; exceptions remain for inventory searches)