Challenging Evidence Found During a Vehicle Inventory Search
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 27, 2026
Legal Inquiry
Consumer Legal Issue
A friend was pulled over for no tags. They said they needed to do an inventory search for the tow truck driver. They wouldn't let the passengers take anything out before. Then they found an empty pipe on the driver. They searched the passengers purse which is my wife's and found a key to my lock box which was under the seat I was sitting. They had broke open my lock box already and found a little bit of contraband. They said that they were letting us go and they were going to dispose of the contraband. Later my wife finds she has a warrant because they charged her but she didn't know she had a court date. I didn't even know they could search her purse or my lock box. The driver told them he was just giving us a ride and that the pipe belonged to him. That he is the only one that used it. Why would they legally be able to search our stuff when we gave them no cause.
Because for one the lock box wasn't hers and was in a different area. The key I had her hold so I won't lose it but she was charged.
Attorney Answer
Yes — this search likely went beyond what Oregon law allows, and the resulting charge against your wife can plausibly be challenged.
Oregon inventory searches conducted before a tow must follow a fixed, standardized policy — officers cannot use on-the-spot discretion about which containers to open. That policy generally does not authorize forcing open a locked, closed container like a lock box unless the policy specifically covers locked containers or officers first get a warrant. Breaking open a locked box your wife did not own, was not seated near, and only held the key to (which you had asked her to hold) is a solid basis for a motion to suppress the evidence found inside.
The facts also undercut any claim that she knowingly possessed the contraband: the lock box was under a different seat, she only held a key at your request, and the driver admitted the pipe was his and that he was the only one who used it. None of that supports knowing possession or control over the box's contents.
What you can do:
1. Get a criminal defense attorney involved immediately — there's an active charge and a bench warrant from a missed court date your wife didn't know about, and that needs to be addressed right away.
2. Ask the attorney to move to suppress the evidence from the purse and lock box based on how the inventory search was conducted.
3. Gather any paperwork from the stop, including tow records or the department's inventory-search policy, since these support the suppression argument.
4. Do not enter any plea before the warrant is resolved and the suppression issue is raised.
⏱ Time limits apply. A bench warrant needs to be addressed right away, and a motion to suppress generally must be raised before trial — get a criminal defense attorney involved immediately so these issues are handled on the correct timeline.
Relevant Case Law
State v. Dimmick, 248 Or. App. 167 (2012) — Court of Appeals of Oregon
We agree with defendant that the backpack and the evidence found therein should have been suppressed
An Oregon appeals court threw out evidence taken from a backpack during an inventory search, showing such searches can be challenged — outcomes still turn on the exact facts.
Read the full opinion (CourtListener)
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Frequently Asked Questions
Can police search a locked container found during a vehicle inventory?
Generally, inventory searches must follow a standardized department policy, and opening a locked container not addressed by that policy may exceed what is legally permitted. An attorney can assess whether a particular search was proper.
What happens if someone misses a court date they never knew about?
A missed appearance can result in a bench warrant, and in many states a person can ask the court to recall or quash the warrant, especially if they were never properly notified of the hearing.
Can evidence from an improper search be excluded from a case?
In many states, a defense attorney can file a motion to suppress evidence obtained through a search that violated search-and-seizure requirements, which may prevent that evidence from being used at trial.
