08/07/2018
Town of Burrillville appealed a decision of the trial judge dismissing a violation of G.L. 1956 § 21-28-4.01(c)(2)(iii) (possession of marijuana less than or equal to one ounce by a person eighteen (18) years of age or older). A police officer reported an accident which led to a foot pursuit of Defendant. After Defendant was arrested and transported to the hospital, the police department towed his vehicle. Pursuant to the department’s policy, an officer conducted an inventory search before the vehicle was towed. During this search, the officer discovered two-tenths of one gram of marijuana. The trial judge dismissed the charged violation, finding that the search was unlawful. The Town appealed, arguing that the search did not violate the Fourth Amendment because an inventory search is an exception to the Fourth Amendment’s warrant requirement. An inventory search is valid if it is “conducted . . . as part of an established routine.” Here, the evidence showed that the police department’s policy mandated that officers conduct an inventory search of vehicles which are to be towed. As such, the Appeals Panel held that the trial judge’s decision was erroneous because the search in the instant case was exempt from the Fourth Amendment’s warrant requirement. Accordingly, the Appeals Panel reversed the decision of the trial judge and the case was remanded for a new trial.