MBE Rules · Criminal Procedure
Warrant exception — inventory
The rule
A warrantless inventory of a lawfully impounded vehicle or arrestee's possessions is permissible if conducted pursuant to standardized police procedures and not as a pretext for investigation.
In plain English
Police can search a car or belongings without a warrant if it's part of routine procedures after impounding or arrest, as long as it's not just an excuse to find evidence.
Worked example
Officer A impounds a car after the driver is arrested for DUI. Following department policy, Officer A inventories the car's contents and finds illegal drugs. This search is allowed because it follows standard procedure.
Memory hook
Inventory = Impound, Not Investigate. Standard procedures allow it, but no sneaky searches.
The trap
Students think: Any search of an impounded car is fine. Wrong, because it must follow standard procedures and not be investigatory. The actual test is if it's a true inventory, not a pretext.
How examiners test it
The MBE loves: impounded car with suspicious items inside. Trap: students assume any search is okay. Test whether procedure is standard and non-investigatory.
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