Category Archives: Inventory

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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E.D.Mich.: Court doesn’t believe officer on inventory as a justification, but impoundment of the vehicle would have happened anyway

“Defendant David Arnold was arrested for and charged with possession of a firearm by a felon after the Detroit police found a stolen handgun in the glovebox of the car he was driving. The police stopped the car because the … Continue reading

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MA: Traffic stop “morphed” into arrest for no DL, inventory, then automobile exception

Driving on a suspended license is an offense for which (1) search incident is valid, and (2) the driver can’t continue and the vehicle would be impounded and subject to a proper inventory. In this case, the inventory was not … Continue reading

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OH1: State had burden to show inventory policy was followed and done in good faith

When the state relies on inventory to justify a search of a car, it has to put on proof that the inventory policy was followed and that it was done in good faith. State v. Beasley, 2019-Ohio-3936, 2019 Ohio App. … Continue reading

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WA grants automatic standing to a car thief but finds inventory of the car reasonable

“We are asked to answer two questions under article I, section 7 of our state constitution: first, whether defendants have standing to challenge the scope of a warrantless inventory search of a vehicle when that vehicle is stolen and, second, … Continue reading

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N.D.Fla.: No 4A requirement a car left in a parking lot on def’s arrest couldn’t be towed and inventoried

The driver of the vehicle was a serial violator of the state statute on driving on a suspended license. When he was caught this time, the vehicle was on a parking lot and the officer elected to have it towed, … Continue reading

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