Criminal Law

questions & answers

Question: In Arizona they impound your vehicle if you get pulled over and are driving on a suspended license. Does the officer have to wait for the tow company to be present before doing a tow list? I did not give consent to search.

Answer: Generally a search warrant is required to search a person’s home and property. However there are some circumstances when the police do not need a search warrant. Inventory searches of cars are allowed under the Fourth Amendment of the United States Constitution. “In order to conduct an inventory search on a vehicle, two (2) requirements must be met. First, the vehicle must have been lawfully impounded… The second requirement of a valid inventory search is that the inventory be conducted in accordance with a standardized inventory policy aimed at accomplishing the justifications for inventory searches.”

( See https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal-division/downloads-articles-and-faqs/research-by-subject/4th-amendment/searchingavehicle-inventory.pdf).