What must be demonstrated for a lawful inventory search of a vehicle?

For a lawful inventory search of a vehicle, it is essential to demonstrate that the vehicle is in the officer's possession. This requirement is based on the understanding that an inventory search is conducted primarily to account for the items within the vehicle to protect the property of the owner and shield the officer from accusations of theft or tampering. When the vehicle is impounded or taken into custody, the officer can perform an inventory search to ensure that all property within is documented and secured responsibly.

The other options do not constitute the fundamental requirement for the inventory search. The presence of the driver is not necessary; inventory searches can be conducted regardless of whether the driver remains on the scene. Furthermore, it is not a prerequisite that the vehicle be linked to any criminal activity; even a vehicle that has not been involved in a crime can undergo an inventory search when it is impounded. While following department policy might be vital for validating the search's legality and ensuring adherence to proper procedures, the ultimate key factor is that the officer has control over the vehicle.