Lincoln, NE asked in Consumer Law for Nebraska

Q: Can something found during an inventory of a car be used to charge someone

My husband was pulled over for no plates. The van was going to be impounded. The sheriff’s started going through van without consent from my husband. My husband told sheriff he didn’t have permission to search the van. The sheriff said it wasn’t a search it was an inventory. They found a empty unlabeled pill bottle with a baggie with residue on it inside of a lunch box and charged him with possession of controlled substance

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: Law enforcement is required to inventory when a vehicle is impounded. Any inventory found that is evidence of a crime can generally be used as evidence of that crime. That being said, law enforcement can't just claim they may have to do an inventory in the future when really they are doing a search. In some cases, a motion to suppress or other defense may be a possibility. The defendant would want to speak with a criminal defense attorney about their options.

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