People v. Smith

The State appealed from a trial court order granting the defendant’s motion to suppress evidence gathered from a vehicle during an inventory search. The appellate court affirmed, finding that under the circumstances of the case, the trial court reasonably concluded that the basis for the inventory search, asset forfeiture, was merely a pretext for conducting an investigatory search. The court further found that the State forfeited its argument that the automobile exception applied because it failed to comply with SCR 341(h)(7). (McDADE and PETERSON, concurring)