Almost 50 years ago, the U.S. Supreme Court first held that automobile inventory searches are reasonable, and therefore lawful, under the Fourth Amendment. South Dakota v. Opperman, 428 U.S. 364 (1976). Since that time, the New York Police Department has conducted thousands of automobile inventory searches. For the first time, however, the New York Court of Appeals has held that the police department’s protocol authorizing these searches meets constitutional standards.

In People v. Douglas, 2023 N.Y. Slip Op 05350 (10/24/23), the court held that, despite a facial challenge to the constitutionality of police procedures for inventory searches, the police department protocol was lawful, despite a span of 11 hours between the commencement of the inventory process and the completion of the vouchering process.

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