United States v. Paul Robert Bowhay

Paul Bowhay appeals from the district court’s denial of his motion to suppress the evidence found in a black satchel which was seized when Bowhay was arrested. Bowhay argues that because the officer who searched the bag had an investigative as well as an inventory motive to search, the search could not be valid under the “inventory” exception to the Fourth Amendment. We reject this argument, and affirm. Since the officer’s genuine purpose was to take an inventory as required by department policy, his second purpose of further investigation does not require suppression.

I. Background

Bowhay was arrested late at night at a storage facility by an officer investigating a possible burglary. The officer had apprehended two robbers, and was looking for more, when Bowhay and Miller, another defendant, emerged from one of the storage buildings. Bowhay was carrying the black satchel at issue in this appeal. Two syringes protruded from the satchel. Miller was also carrying a bag. Upon seeing the officer, he threw the bag under a nearby car. The officer searched the bag discarded by Miller, found drugs in it, and called in the canine unit to sniff Bowhay’s bag. The dog indicated that there…