Legal Issues In Policing

Several courts have recognized that the police have the authority to conduct inventory searches in connection with the impoundment or towing of vehicles under provincial motor vehicle legislation such as BC’s Motor Vehicle Act. It is implicit in impoundment or towing legislation that the police have the duty and responsibility to ensure the safety of the vehicle and its contents. To do so, the police must be entitled to conduct an inventory of the vehicle’s contents. An inventory search is the search of a vehicle to determine its contents such as purses, wallets and bags. 

 

A Duty and Responsibility 

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In R. v. Strilec, 2010 BCCA 198, the police impounded a motorcycle (VI candidate). Before it was towed away, an officer decided to search a pouch attached to its handlebars where cocaine was discovered. In determining that the search was reasonable, the British Columbia Court of Appeal stated:

 

“[T]he authority to impound provided by s. 104.1 of the Motor Vehicle Act carries with it the duty and responsibility to take care of the vehicle and its contents, and to do that the police must be able to conduct an inventory of the vehicle’s contents.”

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In R. v. Cooper, 2016 BCPC 259 the police towed a vehicle under s. 188(1)(d) MVA after it was involved in an accident. Police conducted an inventory search of the vehicle, including looking in the trunk where about 500 vials of steroids where found in a bag. In upholding the inventory search the court stated:

 

“The law in British Columbia accords with other jurisdictions and recognizes that with the responsibility to take control and possession of a vehicle there is a duty imposed on the police to safeguard the vehicle and its contents.  When the police are authorized to take possession of a vehicle, they are, in order to properly fulfil their lawful duty and responsibility to secure the property, entitled to conduct an inventory of the vehicle’s contents.  The police must be able to take reasonable steps to meet their duty to safeguard the property, including entering the vehicle and itemizing any property of apparent value therein.”

 

“In my review of the law it is clear that the rationale for permitting an officer to conduct an inventory search of the vehicle taken into police custody pursuant to statutory authority is not founded on the nature of the matter being attended to or investigated by the officer.  The rationales are manifold including: serving the interests of any person who has an interest in the property and who looks to the police to safeguard the property while it is in police custody; public safety concerns of contraband being held in police controlled or authorized storage facilities; and permitting police to engage in protective measures against potential civil liability for loss of or damage to property in a vehicle which has been taken into police possession.”

 

In conducting an inventory search, the police are not restricted to itemizing only visible property of apparent value. In R. v. Kachuol, 2016 BCSC Docket 26841 (voir dire proceedings), the police opened the centre console of a vehicle that was being towed and found a gun. The search was held to be a lawful inventory search pursuant to the impoundment of the vehicle under IRP provisions of BC's MVA.  In R. v. Russell, 2017 BCPC 60, the police searched a computer bag found in a car and discovered drugs.

 

In R. v. Wint, 2009 ONCA 52 police in Ontario towed a vehicle and searched a purse found inside. The Ontario Court of Appeal upheld the search stating:

 

“[I]f the police found a purse and could not look inside it, they would have no way of knowing whether it contained pennies or thousands of dollars, and if the latter, what steps should be taken to safeguard the large sum of money. That, in our view, would defeat the purpose of the exercise. In short, if inventory searches are to be meaningful and serve the purpose for which they are intended, the police cannot be hobbled as the [accused] would suggest. They must be able to search and itemize the contents of objects such as purses, wallets and bags like the one observed in this case, to determine their contents. Of course, any inventory search must be executed in a reasonable manner and as is the case with other warrantless searches, reasonableness of police conduct will be judged against the totality of the circumstances revealed in each case.”

 

Of course, any vehicle impoundment or tow must be authorized by statute.

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