Earlier this year, a state appellate court issued a written opinion in a Massachusetts gun case involving the legality of an inventory search that was performed by the arresting officers. Ultimately, the court concluded that the inventory search was not permissible because there was a passenger in the car that could have driven the vehicle from the scene, and the officers’ failure to give the driver that option rendered the search illegal.
According to the court’s opinion, police officers noticed a car with a defective rear brake light. The officers ran the tags, and discovered that the owner of the vehicle, the defendant, had an outstanding warrant. The officers pulled over the car.
The defendant was driving. The police officers asked both the defendant and his passenger for their drivers’ licenses, at which point the officers learned that the passenger had a valid license, had no warrants, and was not a suspect in any outstanding crime. The passenger was cooperative and did not appear to be under the influence.