subject: Dui Arrests And Inventory Searches [print this page] In Kilburn vsIn Kilburn vs. State, the 1st District Court of Appeal was presented with 2 separate issues. The Defendant filed 2 separate motions to suppress. The initial motion to suppress was filed alleging that the officer did not have reasonable suspicion to stop the automobile. The next motion to suppress was filed alleging that, after the defendant was arrested for DUI, the drugs found in his automobile should be suppressed because the inventory search wasn't performed in accordance with standardized criteria.
With regard to the first motion to suppress, the trial court found that the deputy observed defendant's pick-up truck weaving and crossing lanes over a distance of approximately 2 1/2 miles. The deputy suspected that this was a DUI case. After activating his emergency lights, defendant didn't stop immediately. When defendant did stop, he almost hit a garbage can. Defendant was then arrested for felony DUI because of the fact that this was defendant's fourth DUI. The trial court denied this motion to suppress and also the appellate court affirmed finding that defendant's argument had no merit.
After arresting defendant for DUI, the deputy made the decision to have defendant's truck towed because it was in an unsafe place. As part of the impoundment process, the deputy carried out an inventory search of the truck pursuant to Sheriff's Office policy. During the inventory search, the deputy found marijuana, alprazolam and hydrocodone.
The basis for the second motion to suppress was that the Sheriff's Office had no standardized criteria or procedures for conducting an inventory search. The trial court denied the motion to suppress. The appellate court reversed the trial court's decision. The appellate court held that in order for the inventory search exception to the warrant requirement to apply, the inventory search has to be performed in accordance with standardized criteria. The stated purpose is "to limit police discretion in determining the scope of the search and ensures that the police will not abuse the exception and use the inventory search as a subterfuge for a criminal investigatory search."
