People v. Gallego, 55 N.Y.2d 35 (1981)
A warrantless search of a closed container found in an impounded vehicle is permissible as part of a routine inventory search, provided the search is reasonable and conducted according to standard police procedures.
Summary
Gallego was arrested for driving with a suspended license after being stopped for traffic violations. His car was impounded, and during an inventory search, police opened a brown paper bag hanging under the dashboard, discovering cocaine. The New York Court of Appeals upheld the search, reasoning that it was a valid inventory search and thus a recognized exception to the warrant requirement. The court emphasized that the search was conducted according to routine police procedures, not as a pretext for a criminal investigation, and that the unusual location and apparent concealment of the bag justified opening it to inventory its contents.
Facts
Two police officers stopped Gallego for turning left without signaling and driving without a taillight. Gallego could not produce a driver’s license and admitted it was suspended. He was arrested for driving with a suspended license. One officer drove Gallego to the police station in the squad car. The other officer followed in Gallego’s car and noticed a brown bag suspended by a wire under the dashboard. At the station, police conducted an inventory search of the car and opened the paper bag, discovering cocaine.
Procedural History
Gallego was convicted of criminal possession of a controlled substance in the fifth degree. He moved to suppress the cocaine evidence, arguing it was the product of an unlawful warrantless search. The trial court denied the motion. The Appellate Division affirmed the conviction, upholding the search as a valid inventory search. The New York Court of Appeals granted review.
Issue(s)
Whether the police lawfully searched a closed container found in Gallego’s car, without a warrant, as part of an inventory search.
Holding
Yes, because the search was a valid inventory search conducted according to routine police procedures, and the unusual location and apparent concealment of the bag justified opening it to inventory its contents.
Court’s Reasoning
The Court of Appeals relied on South Dakota v. Opperman, which established that police may conduct inventory searches of impounded vehicles to protect the owner’s property, protect the police from false claims, and protect the police from potential danger. The court noted the U.S. Supreme Court’s decision in Illinois v. LaFayette, which held that it is reasonable for police to search “any container or article” in an arrestee’s possession as part of a routine inventory procedure. Applying the standard of reasonableness from Delaware v. Prouse, the court balanced the intrusion on the individual’s Fourth Amendment rights against legitimate governmental interests. The court stated, “Examining all the items removed from the arrestee’s person or possession and listing or inventorying them is an entirely reasonable administrative procedure” (quoting Illinois v. LaFayette). The court found the search in this case analogous to the search in LaFayette, noting the same governmental interests apply to inventory searches of impounded vehicles. The court emphasized that there was no evidence the search was a pretext for a criminal investigation. Given “the unusual location of the bag, the manner in which it was affixed to the car and the apparent effort to conceal it under the dashboard,” the police could reasonably conclude that the bag contained items requiring discovery and inventory. The court distinguished its earlier decision in People v. Roman, where it had found the inventory search of a closed cigarette case unreasonable, explaining that it was constrained by then-existing Supreme Court precedent, which has since evolved to permit such searches. The court prioritized maintaining consistency with Supreme Court rulings on inventory searches.