Category Archives: Inventory

CA4: Inventory would happen so that’s inevitable discovery

The discovery of the contraband was by inevitable discovery because an inventory was going to occur in any event. The fact the policy wasn’t written isn’t determinative as long as it is reasonable. United States v. Bullette, 2017 U.S. App. … Continue reading

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E.D.Mich.: If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose

Defendant’s cell phone was seized from his car after a stop. If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose. A search warrant was sought for the cell phone. The affidavit for the … Continue reading

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D.Nev.: Failure to follow inventory showed it was a general rummaging

Defendant’s stop was based on the Wyoming LPN coming back as expired, but it turned out that Wyoming has a different database for trucks, even pickup trucks. Shortly thereafter, the LPN was found in a different search by dispatch. The … Continue reading

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AL: Lack of an inventory sheet fatal to the state’s claim the search was valid as an inventory

The lack of an inventory sheet fatal to the state’s claim the search was valid as an inventory. Keith v. State, 2017 Ala. Crim. App. LEXIS 14 (March 17, 2017):

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MA: Impoundment unreasonable in purported “high crime” area that was partly residential with other cars already there; Swiss Army knife not an indicator other weapons in car

Defendant was stopped and arrested in a “high crime” area [which apparently didn’t include stripping cars]. The area was partly residential and other cars were parked on the street, too. That alone didn’t make it reasonable to have to impound … Continue reading

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IN: Inventory not sufficiently regulated to be valid; also, officer’s deviation from inventory showed pretext

The search of defendant’s truck was not sufficiently regulated by standardized police procedures and therefore was pretextual, as the vague, conflicting inventory regime of the police department was not capable of sufficiently regulating the search. Even if it was, the … Continue reading

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D.Neb.: Govt proved inventory valid and not pretext; there was also PC for the search

Defendants were arrested for robbery, and they objected to the R&R as failing to consider that the inventory of the vehicle was a pretext for an investigative search. The court finds that the policy on inventory was followed and that … Continue reading

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D.Nev.: No actual or apparent authority to consent shown; presence of gun in motel room not exigency per se

Actual authority to consent and apparent authority in a motel room are two different things. Here, the government can’t show either on this record. The possibility of a gun in the room is not an exigent circumstance. United States v. … Continue reading

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WA: While impoundment was permissible, state law required reasonable alternatives be considered first

While impoundment was statutorily permitted, state law requires alternatives be explored before impoundment. Here it wasn’t, so the impoundment is suppressed. State v. Froehlich, 2017 Wash. App. LEXIS 366 (Feb. 14, 2017):

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IA: Two finding defective inventory due to police investigative motive

“In any event, it is clear that Officer Carter failed to remove the license plates and registration receipt before impounding the car. Because the officer overlooked the legislatively imposed requirements for the impoundment, it appears he was motivated solely by … Continue reading

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