Category Archives: Inventory

NE: Search of the person here was valid an an inventory at the jail

The search of defendant’s person at the jail after his arrest was valid as an inventory search. State v. Garcia, 302 Neb. 406 (Mar. 8, 2019). “As set forth above, the undersigned does not agree with Defendant that the affidavit … Continue reading

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OR: Def ordered from car left purse inside, and it was subject to inventory when car towed

Defendant was ordered out of the car, and she left her purse inside. Her purse was legitimately subjected to the inventory since it was left in the car. State v. Fulmer, 296 Ore. App. 61, 2019 Ore. App. LEXIS 190 … Continue reading

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CA8: Lesser intrusive measures to inventory not constitutionally required

The inventory was appropriately conducted within the policy of the department. Defendant had no constitutional right to have somebody come to pick up the car before inventory. The police could do that if convenient, but they weren’t required to do … Continue reading

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S.D.Ind.: Towing and inventory objectively reasonable; subjective motive doesn’t matter

The towing and inventory of defendant’s vehicle was objectively reasonable. His later assertion that he uncovered evidence of a subjective motivation for towing and inventory is insufficient to overcome the objective basis. United States v. Vales, 2019 U.S. Dist. LEXIS … Continue reading

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S.D.Ohio: Cursory search of garage was permissible protective sweep

The bodycam video shows that the entry into the house for a search was by consent of a co-occupant. A cursory search of garage was permitted under protective sweep. United States v. Russell, 2019 U.S. Dist. LEXIS 9977 (S.D. Ohio … Continue reading

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D.N.M.: Inventory of a locked backpack was reasonable and within dept regs

The inventory of defendant’s locked backpack when he was taken into custody was within departmental policy which was followed and was otherwise reasonable under the Fourth Amendment. United States v. Trujillo, 2018 U.S. Dist. LEXIS 184486 (D. N.M. Oct. 29, … Continue reading

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OH6: Leaving house to do a drug deal and going back home right after is inference drugs at home

The affiant’s allegation that defendant left his house to conduct drug deals then returned there right afterward creates a reasonable inference that drugs are kept in the house. Thus, there was probable cause for the search warrant. State v. Pettaway, … Continue reading

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CA5 sustains an inventory that certainly appears pretextual criminal search

“An inventory search of a vehicle is reasonable if it is conducted pursuant to standardized regulations and procedures. McKinnon, 681 F.3d at 209-10. Alvarez contends the officers did not follow CCPD’s standard procedures, which require officers to complete and submit … Continue reading

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GA: Search of a backpack six days after seizure required a SW

Defendant was granted a new murder trial on ineffective assistance of counsel grounds, one of which was failure to file a motion to suppress. On remand to the trial court, he pursued the motion to suppress claiming that a search … Continue reading

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E.D.Cal.: Inventory procedures not followed, and testimony suggested investigative motive, so suppressed

The inventory did not comply with CHP procedures, and it appears from the officer’s testimony at the suppression hearing that it really had an investigatory purpose. United States v. Verduzo-Verduzco, 2018 U.S. Dist. LEXIS 144696 (E.D. Cal. Aug. 24, 2018):

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N.D.Iowa: Inventory appears only a pretext for criminal search

Officer’s failure to follow inventory policy here created the strong inference the inventory was really a pretext for a criminal search, and the inventory is suppressed. United States v. Davis, 2018 U.S. Dist. LEXIS 137083 (N.D. Iowa Aug. 14, 2018) … Continue reading

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OR: There was no PC for an administrative seizure of def’s car

The seizure of defendant’s car was without probable cause for an administrative seizure. While her insurance card did not fully comply with the statute, it was fair on its face that it was her and for her cars. State v. … Continue reading

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