A strange thing has developed in the area of criminal law recently. A computer check reveals that he has an outstanding misdemeanor warrant for his arrest, and the officer duly takes him into custody. Since it would not be wise to leave the vehicle sitting on the shoulder of the road, a tow truck is called so that the auto can be removed to the impound yard. This is not unusual.
Every police department has such a policy.
Since the bag will be placed in the property room, an accurate description of its contents is desired by the police. Consequently, the officer picks the lock of the bag but instead of finding money he discovers cocaine. Believe it or not, the answer depends on where the search occurred. Blame the courts. Our state is divided up into fourteen appellate districts, each of which has one appellate court sitting therein.