You did everything right. You declined the search. So the officer arrested you for the traffic offense, called a wrecker, and searched the car anyway under the label "inventory." Brian Foley explains in this video why that label is not the end of the discussion.
The exception
When police lawfully take a vehicle into custody, they may inventory its contents without a warrant to protect the owner's property, protect the department from claims, and protect officers from danger (South Dakota v. Opperman, 1976). It is an administrative procedure, not a criminal search — which is exactly why it is attractive to an officer who has been refused consent.
The requirements
The Supreme Court in Colorado v. Bertine (1987) and Florida v. Wells (1990), and Texas courts applying them, require:
- Lawful impoundment. The decision to tow must itself be reasonable. If the car was legally parked, a licensed passenger could drive it, or the driver could arrange for it, many departments' policies require release rather than impound — and an impound that ignores the policy is unlawful.
- A standardized policy. The inventory must be conducted according to established department procedure, not officer discretion. The defense subpoenas the policy.
- Following the policy. Opening closed containers, searching under seats, or pulling panels is permitted only if the policy says so and the officer actually followed it — with a completed inventory form.
- No pretext. An inventory conducted for the purpose of finding evidence is not an inventory. Body-camera footage of an officer going straight to the console and never listing the jumper cables is strong evidence of pretext.
How the defense attacks it
Was the arrest for the traffic offense a lawful basis for custody? Did the officer offer to release the vehicle to a passenger, as HPD and HCSO policies contemplate? Did the officer complete an inventory form? Does the video show a genuine inventory or a targeted search? Did the "inventory" exceed the policy's scope? Any failure suppresses everything found.
Inventory cases are won on the department's own paperwork and video. Brian Foley and Luis Baez defended these searches as prosecutors and know where they fail. Call or text (713) 703-1718.