State v. Penney, 288 P.3d 989

Defendant was convicted of unlawful possession of cocaine and challenged the trial court’s denial of his motion to suppress inventory-evidence found in his car.
Officers stopped defendant for tinted windows and traffic violations; they believed defendant drove uninsured based on expired insurance cards and decided to tow the vehicle.
Police towed the car under the policy requiring towing when the operator is cited for Driving Uninsured, and performed an inventory of the vehicle's contents thereafter.
Cocaine and additional evidence were discovered in the inventory, leading to defendant’s arrest, a search of defendant, and incriminating statements.
Defendant argued the policy improperly gave officers discretion to tow and inventory, rendering the search unconstitutional as applied.
The trial court found the vehicle impeded traffic; it held the inventory would have occurred regardless of the tow decision and denied suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the inventory search valid under the policy?	Ortega contends policy allows unwarranted discretion to inventory.	Ortega argues discretionary tow/Inventory policy violates non-discretionary inventory standards.	Policy not invalid; inventory permissible under doctrine.
Was the inventory search unconstitutional as applied due to a motive to search?	Ortega asserts officers sought evidence of crime to justify inventory.	State contends motive does not negate valid inventory if conducted anyway.	Trial findings support no improper motive; suppression not required.

State v. Gaunce, 114 Or. App. 190 (1992) (inventory policies govern examination, not seizure; discretion in impoundment allowed)
State v. Komas, 170 Or. App. 468 (2000) (inventory policies govern examination, not seizure; officer discretion in impounding permissible)
State v. Atkinson, 298 Or. 1 (1984) (inventory must be conducted under proper administrative program with limited discretion)
Ball v. Gladden, 250 Or. 485 (1969) (court defers to trial court on facts when evidence could support multiple reasonable inferences)
State v. Bainbridge, 238 Or. App. 56 (2010) (nonunanimous verdict issues; appellate decision on unanimity)
State v. Keady, 236 Or. App. 530 (2010) (standard of review for legal errors on suppression matters)