Officer disciplined for not securing money found in impounded vehicle after tow.

Question

An officer impounded a vehicle and conducted an inventory, noting that the glove box was locked. After completing the inventory, the vehicle was turned over to a towing company, which transported it to their lot outside the officer's jurisdiction. Later, the towing company reported finding a quantity of money in the glove box while unloading the vehicle. The officer visited the tow yard, observed the money, placed it back in the glove box, and locked it. The officer was disciplined for not taking custody of the money per departmental policy, which requires securing valuables. The officer was unaware of this policy and had not received training for such situations. There was no indication of criminal activity related to the money. Would securing the money have violated the Fourth Amendment, given that the vehicle was no longer in the officer's jurisdiction?

James L. Arrasmith · Answer

Taking custody of the money would not have violated the Fourth Amendment in this situation. When a vehicle is legally impounded, police have the authority to conduct inventory searches and secure valuables as part of their community caretaking function. This authority extends to items discovered during the impoundment process, even when physically located outside the original jurisdiction, because the legal custody remains with the impounding agency. 
 
The officer's presence at the tow yard was legitimate since they were responding to the towing company's notification about the discovered money. At this point, the proper procedure would have been to document and secure the funds according to departmental policy, creating a clear chain of custody. The fact that no criminal activity was suspected doesn't negate the responsibility to protect personal property found during impoundment. 
 
Your situation highlights an important training gap that should be addressed within your department. Without proper guidance on handling valuable items discovered during impoundment processes, officers may inadvertently create liability issues for themselves and the department. While the disciplinary action might seem harsh given your lack of training, courts have consistently upheld that properly securing items during vehicle impoundments serves to protect both the owner's property interests and shield officers from claims of theft or mishandling.

Q: Officer disciplined for not securing money found in impounded vehicle after tow.