State v. Peaten

In State v. Peaten, 110 N.C. App. 749, 431 S.E.2d 237 (1993), police officers executed a search warrant for tax paid alcoholic beverages at a club. Peaten, 110 N.C. App. at 750, 431 S.E.2d at 237. After the officers had searched the people inside the club and had processed those who had been charged, they noticed several vehicles remaining on the premises, including a BMW registered in North Carolina. Id. at 750, 431 S.E.2d at 237-38. The officers' testimony indicated that "if the BMW was left on the lot, it would have been gone by morning or it would have been vandalized. Therefore, they impounded the vehicle and inventoried the vehicle contents at the scene because an independent contractor would be called to tow the vehicle." Id. at 750, 431 S.E.2d at 238. Upon an inventory search of the trunk, which was unlocked, officers found a rifle, which was determined to have been stolen. Id. The Court recognized that the BMW was not obstructing traffic or threatening public safety in any way. Id. at 753, 431 S.E.2d at 239. Moreover, the officers did not follow the standard procedures in place because those procedures did not allow for towing and an inventory simply because there was a risk of vandalism. Id.