Answer to Question 1
Special-needs searches have the below characteristics in common: (1) They are
directed at people generally, not criminal suspects specifically. (2) They can result in
prosecution and conviction. (3) They don't require a warrant for probable cause. (4)
Their reasonableness depends on balancing the special government need against
invasion of individual privacy.
Answer to Question 2
Inventory searches are reasonable, even without a warrant or probable cause,
because they are not searches for the purpose of gathering evidence to prosecute a
suspect for a crime.
Inventory searches satisfy three special needs not related to searching for evidence of
a crime: (1) To protect owners' property while it is in police custody. (2) To protect
law enforcement agencies against lawsuits for loss, destruction or theft of owners'
property. (3) To protect law enforcement officers, detained suspects, and offenders
from the danger of hidden bombs, weapons, and illegal drugs.
The presence of routine, department-approved, written procedures by which inventory
searches must be conducted takes the place of probable cause for inventory searches.
Following routine procedure provides some objective basis, because the procedures
apply to all inventory searches. Routine procedures also keep law enforcement officers
from searching on a ruse and from going too far in making the inventory.
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