Category Archives: Inventory

OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function

Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading

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S.D.N.Y.: Inventory of duffel bag in hand on arrest was reasonable under FBI regs

The FBI inventory of defendant’s duffel bag on his arrest was reasonable under FBI regulations. Search warrants were used for cell phones found inside. United States v. Ellis, 2020 U.S. Dist. LEXIS 215725 (S.D. N.Y. Nov. 17, 2020):

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GA: Entry into def’s house for pulling a gun on somebody elsewhere wasn’t in hot pursuit and suppressed

Officers entered defendant’s home for allegedly pulling a gun on his girlfriend at another house. They weren’t in hot pursuit, and the entry was unreasonable and is suppressed. The state’s inevitable discovery argument that a search warrant would have been … Continue reading

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N.D.Ill.: Def had standing to challenge search of a garage of another he was using and had exclusive control over at the time

“Perez has provided enough evidence to show that, at the time of the search, he had control over the Dakin garage and the ability to exclude others from it. He was storing materials there, there was no one else on … Continue reading

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CA6: Because def’s car would be towed and inventoried anyway, officer’s comments at time of seizure not determinative

Because defendant’s car would be towed and inventoried in any event after his stop, it didn’t matter what the officer said at the time. United States v. Snoddy, 2020 U.S. App. LEXIS 30512 (6th Cir. Sept. 24, 2020). “While Williams … Continue reading

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CA9: Co-conspirators’ statements to police linking def were reliable enough for PC

Other suspects’ admissions against penal interest that led to their charges and tying in defendant were credible enough for informant hearsay. United States v. Odell, 2020 U.S. App. LEXIS 26695 (9th Cir. Aug. 21, 2020). “We have previously found that … Continue reading

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D.S.C.: Officers weren’t familiar with inventory policy and didn’t follow it; suppressed

There was an inventory policy, but the police were unfamiliar with it and didn’t follow it. “[T]he Court finds that the inventory search of Defendant’s vehicle by the Andrews Police Department was not conducted pursuant to any specific criteria, much … Continue reading

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NM: Calls to murder victim’s cell phone just before murder was PC to get CSLI on the phone

A shooting victim made and received cell phone calls to his phone and the calls were not in the contacts list 30 minutes before the victim was found dead. This was probable cause for data about that caller including the … Continue reading

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CA1: Inventory was shown to be investigative; suppression affirmed

“All in all, it seems inescapable that the officers seized Del Rosario’s car so that they could search it for evidence of a crime, and that they later sought to justify the search by invoking the community-caretaking exception. And while … Continue reading

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NV: Booking inventory invalid for lack of inventory and officer’s lack of memory of doing it

The booking inventory of defendant’s “bag” was invalid because of a lack of true inventory. The booking officer didn’t list what was in it because there was just too much stuff. Moreover, at the suppression hearing, she didn’t recall even … Continue reading

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IN: Def counsel’s not filing a motion to suppress was strategic for plea purposes, not because of conflict

Defendant claimed defense counsel had a conflict of interest in not filing a motion to suppress because counsel also represented defendant’s wife. Their interests were identical in the case. The decision not to pursue the motion was to secure a … Continue reading

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CA9: Dist.Ct.’s findings of pretextual inventory supported by evidence and affirmed

The district court’s conclusion the impoundment of the car and inventory search was pretextual is supported by the evidence and is affirmed. United States v. Turnbow, 2020 U.S. App. LEXIS 22341 (9th Cir. July 17, 2020). Defendant’s argument over the … Continue reading

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N.D.Ohio: Some discretion in inventories doesn’t make them unreasonable

The driver’s suspended DL was reason under policy to tow the car, and that led to a valid inventory. The inventory issue turned on whether a key was “readily available” to unlock the glove compartment, and a key found in … Continue reading

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CA7: Factual mistake in state court opinion doesn’t justify habeas relief

A factual mistake in a state court’s decision on defendant’s Fourth Amendment claim for the inventory of his property still doesn’t merit habeas relief. Marling v. Littlejohn, 2020 U.S. App. LEXIS 21616 (7th Cir. July 13, 2020). Plaintiff’s claim for … Continue reading

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E.D.Mich.: Use of cell site simulator to capture phone numbers and not track was reasonable

Use of cell site simulator merely to capture defendant’s cell phone numbers and not to track him was reasonable because he had no reasonable expectation of privacy in his numbers. United States v. Powell, 2020 U.S. Dist. LEXIS 120229 (E.D. … Continue reading

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D.C.Cir.: Applications for orders under SCA and ECPA presumptively public judicial records

Applications for orders under the Stored Communications Act and Electronic Communications Privacy Act of 1986 are judicial records subject to public view under the common law. Pen register records are presumptively sealed under Title III. In the Matter of the … Continue reading

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