State v. Glenn

649 S.W.2d 584, 1983 Tenn. LEXIS 776
CourtTennessee Supreme Court
DecidedMarch 21, 1983
StatusPublished
Cited by11 cases

This text of 649 S.W.2d 584 (State v. Glenn) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Glenn, 649 S.W.2d 584, 1983 Tenn. LEXIS 776 (Tenn. 1983).

Opinion

OPINION

DROWOTA, Justice.

We granted the State’s Rule 11 application for permission to appeal in order to consider the scope of a warrantless inventory search of an automobile lawfully impounded, pursuant to T.C.A. § 52-1443(b)(4). In a split decision, the Court of Criminal Appeals held that “closed containers found in the trunk of an impounded vehicle, absent exigent circumstances, may not be opened.” We must determine whether the Court of Criminal Appeals was correct in suppressing evidence found in closed containers, during an inventory search of Defendant’s vehicle.

The Defendant, Curtis Anthony Glenn, while driving a Cadillac with Michigan license plates, was arrested for speeding and reckless driving on Interstate 40 as he entered Shelby County, having traveled through Fayette and Haywood Counties. At the time the automobile was stopped, there was a strong odor of incense in the air. “With the officers finding in the passenger compartment what they believed to be a marijuana cigarette, cocaine and extensive drug paraphernalia,” two members of the Court of Criminal Appeals held that the automobile was properly seized by the officers pursuant to T.C.A. § 52-1443, for violation of the Tennessee Drug Control Act. We agree that the evidence supports their finding that the officers “had the necessary probable cause to seize the automobile,” under T.C.A. § 52-1443(b)(4).1

After calling for a wrecker to tow the automobile to the state highway garage for storage, the officers proceeded to inventory [585]*585the contents of the car, including the interi- or, the hood and the trunk. In the course of the inventory of the trunk, the officers found an open grocery sack containing marijuana. The officers also found a closed, unlocked suitcase and briefcase. Upon opening these closed containers, heroin, cocaine, LSD tablets and more marijuana were found.

Glenn challenges the admissibility into evidence by the trial court of the drugs seized from the trunk. All of the drugs, the possession of which Glenn was tried and convicted, were found in the trunk of the automobile. At the pre-trial hearing of the motion to suppress, the evidence established the Defendant as the owner of the vehicle and the operator and possessor of the vehicle at the time of his arrest and he therefore had standing to contest the admissibility of the evidence found in the trunk. Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978).

The jury found the Defendant guilty of possession of four controlled substances with intent to sell or deliver and the trial court approved the jury’s verdict and entered judgments and sentences accordingly. A majority of the Court of Criminal Appeals affirmed the unlawful possession of marijuana conviction, finding that the marijuana was in plain view in an open sack in the trunk, and therefore properly admitted into evidence. A majority held that the drugs in the other three cases should have been suppressed and those cases were therefore reversed and remanded for a new trial, a majority of the Court finding “that closed containers found in the trunk of an impounded vehicle, absent exigent circumstances, may not be opened.” Judge Tatum, in his dissent, found that a lawful inventory should extend to the contents of the containers.

Unlike State v. Roberge, 642 S.W.2d 716 (Tenn.1982) and State v. Howard, 645 S.W.2d 751 (Tenn.1982), we have no Drinkard v. State, 584 S.W.2d 650 (Tenn.1979) considerations concerning the propriety of impoundment, for, as the Court of Criminal Appeals held, “T.C.A. § 52-1443(b)(4) authorizes the warrantless seizure of the vehicle here.” In Drinkard, this Court held that taking a citizen’s vehicle into custody following an arrest for a traffic violation is inappropriate when reasonable alternatives to impoundment exist — such as leaving the car in the care of the Defendant’s passenger. In Roberge and Howard, we held that there were no reasonable alternatives other than to have the automobiles impounded, because there were no individuals with whom the Defendants could make custodial arrangements for their automobiles, and they could not be left on an interstate or in a high crime area.

The Court of Criminal Appeals concluded “that the seizure of the automobile was appropriate” and that “the opening of the trunk during the inventory was proper. Capps v. State, 505 S.W.2d 727 (Tenn.1974).” We agree that the automobile was lawfully impounded and that it was proper, in conducting an inventory, to make an accounting of the contents of the trunk.

We now address the primary issue in this case — the extent and scope of the inventory of Defendant’s trunk. Defendant contends that his briefcase and suitcase should have been inventoried as separate units, and that it was improper to open these units in making an inventory. The State contends that it was proper to open the briefcase and suitcase in order to properly itemize the contents of these containers.

There has been no consensus among the jurisdictions on whether inventorying the contents of a closed container found in a lawfully impounded vehicle is, in the absence of exigent circumstances, reasonable or unreasonable. While cognizant of the axiom that “[t]he test of reasonableness cannot be fixed by per se rules; each case must be decided on its own facts,” Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), we are also mindful that there are legitimate purposes for conducting inventory searches. These purposes are set out in South Dakota v. [586]*586Opperman, 428 U.S. 364, 369, 96 S.Ct. 3092, 3097, 49 L.Ed.2d 1000 (1976), as (1) the protection of the owner’s property while it remains in police custody, (2) the protection of the police against claims or disputes over lost or stolen property, and (3) the protection of the police from potential danger.

Cases dealing with what is or is not reasonable point out that there is a delicate balance between conflicting public and private interests — the need to search in order to protect law officers and car owners and the invasion of Fourth Amendment protected interests of private citizens.

In support of Defendant’s contention, the Wisconsin Supreme Court recently held that, “[t]he balance tips in favor of the privacy of personal effects because the purpose of an inventory can be adequately served by inventorying a container as a closed unit. It is thereby secure from theft, and exposure to claims of loss is reduced ....

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Cite This Page — Counsel Stack

Bluebook (online)
649 S.W.2d 584, 1983 Tenn. LEXIS 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-glenn-tenn-1983.