Commonwealth v. Lagenella

CONCURRING AND DISSENTING OPINION BY

SHOGAN, J.:

I agree with the learned majority that Appellant’s challenge to the reinstituted charges is waived. However, I respectfully disagree that the warrantless search of Appellant’s vehicle was a reasonable inventory search.

In determining whether a proper inventory search occurred, the first inquiry is whether the police had lawful custody of the vehicle.1 The second inquiry is whether the police conducted a reasonable inventory search. Commonwealth v. Thompson, 999 A.2d 616, 619 (Pa.Super.2010) (citing Commonwealth v. Henley, 909 A.2d 352, 359…