State v. B.C.
Mar 13, 2018OUTCOME: 4th Amendment Argument
Possession of meth for sale. Defendant had a car accident, police arrived and conducted DUI investigation. No signs of DUI observed. Police illegally enter Defendant's vehicle and open the glove box to ... retrieve registration for a tow truck. Police find some drugs, coerce Defendant into allowing them to search his backpack and locked safe. Police claimed the right to enter the glove box as an inventory search because they were towing a vehicle. However, the statute that permitted the tow in this case did not permit police to take possession of the vehicle thus an inventory search was not required. Argued the Fourth Amendment violation with the prosecutor and the judge. Defendant plead to a lower offense and was given probation thereby avoiding a prison sentence.
