Category Archives: Inventory

Two on searches related to impoundments, one from 2001

Defendant is now subject to a RICO prosecution, and he challenges a 2001 traffic stop. “When the investigating officers pulled him over, Banks was driving without a license, an offense under California law. The officers therefore had probable cause to … Continue reading

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VA: Running the serial number of a seized firearm isn’t a “search”

When defendant got out of the car, the officer could see the butt of a gun sticking from his coat pocket, so a frisk was reasonable for officer safety. Looking at the serial number and then running it to see … Continue reading

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D.Nev.: Govt’s post hoc justification for vehicle search as inventory fails for lack of proof

Attempted inventory suppressed. The government’s proposed community caretaking claim that the neighborhood was high crime meant that they couldn’t leave the car for fear of vandalism isn’t supported by the proof under circuit precedent. It was a post hoc rationalization. … Continue reading

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D.N.M.: Lack of audible response on bodycam of request for consent leads court to conclude govt failed in its burden of proof

In another case involving a DEA’s interaction with a bus passenger in Albuquerque, the officer was friendly enough, but the parting colloquy was “Thank you. Thank you very much, sir. Sir, would you give me permission just to pat you … Continue reading

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TX14: Bodycam video supported trial court’s findings of voluntariness of consent to search

The bodycam video supports the trial court’s conclusion that the consent to search was voluntarily given. Blue v. State, 2019 Tex. App. LEXIS 10658 (Tex. App. – Houston (14th Dist.) Dec. 10, 2019) (with a dissent). “Kelley’s only claim–a Fourth … Continue reading

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CA4: Search of def’s backpack and finding gun was inevitable because it would have been inventoried in any event

“The evidence presented to the district court supported a finding that the firearm inevitably would have been discovered during an inventory search of the plastic bag. Officers Lucy and DiPentima testified that it was standard procedure to inventory an arrestee’s … Continue reading

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OH11: Failure to provide an inventory after a search is ministerial and not a fundamental right

“Even presuming no inventory was completed or provided to Thompson, however, this did not result in prejudice or provide any grounds for relief. It has been held that ‘the preparation and return of an inventory is ministerial’ and ‘does not … Continue reading

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D.N.M.: No 4A requirement police call for someone to retrieve car to avoid inventory

The inventory of defendant’s car was reasonable and followed policy. “The problem with Defendant’s argument is that he advanced no legal authority that the Fourth Amendment requires police to execute an arrest warrant on a suspect in a way that … Continue reading

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D.N.M.: Def’s car’s impoundment wasn’t justified by community caretaking function or need for inventory

The impoundment of defendant’s car wasn’t justified by either the community caretaking function or need for inventory. Whether the vehicle was even involved in a crime was inconclusive at best. United States v. Trujillo, 2019 U.S. Dist. LEXIS 201024 (D. … Continue reading

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OH2: Def’s allegedly carrying a rifle in an apartment building parking lot, even if true, wasn’t RS

A phone call to the police said there was a man walking through an apartment building parking lot carrying a rifle, something that wasn’t a crime. Police responded and saw defendant. They approached him when he wasn’t carrying a rifle, … Continue reading

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E.D.Wis.: Handgun hidden in a dog house wasn’t subject to search for exigency

Defendant’s handgun was hidden in a doghouse on the curtilage. The court distinguishes other cases allowing a search for a firearm, particularly one where a loaded shotgun was publicly put in the trunk of a car and the keys left … Continue reading

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CO: Vehicle inventory fails where no showing of policy enabling it

The inventory of defendant’s car was not done according to any policy, and it is not justifiable under the automobile exception or as a protective search for weapons either. People v. Allen, 2019 CO 88, 2019 Colo. LEXIS 1077 (Oct. … Continue reading

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