Category Archives: Inventory

E.D.Pa.: Exposure to Covid-19 in prison doesn’t state a 4A or 8A claim

Exposure to Covid-19 in prison didn’t state a Fourth or Eighth Amendment claim. Dingle v. Tommage, 2024 U.S. Dist. LEXIS 124710 (E.D. Pa. July 16, 2024). Defendant was driving with a suspended license, and WVSP protocol dictated impoundment of the … Continue reading

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W.D.Pa.: US Private Vaults safety deposit boxes in California could be inventoried by FBI leading to case here

The FBI obtained a search warrant for the premises at US Private Vaults in Beverly Hills, California. The probable cause was based on a belief USPV was engaged in money laundering. The FBI went further and inventoried the safety deposit … Continue reading

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D.Mass.: Owner of vehicle not in it can’t challenge stop, but he can the inventory which was unreasonable

The owner of a vehicle who was not driving or in it when it was stopped has no standing to challenge the stop as opposed to an inventory search. “After considering, as it must, ‘all the facts and circumstances’ of … Continue reading

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TN: Redacted SW affidavit came in at trial by agreement; not plain error

The affidavit for a search warrant was redacted and admitted as evidence at trial by agreement. The issue was waived and is subject to plain error review, and it’s not plain error. Even if it was, it was harmless error … Continue reading

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E.D.Cal.: Change in facts after SW application emailed to USMJ but before signing wasn’t material or knowing false statement

There was no Franks violation where the government emailed to the USMJ the search warrant request where defendant was arranging to meet an officer in a sting operation before defendant called off the meeting. This change wasn’t material to the … Continue reading

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D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading

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MO: Search incident can happen at mobile booking center without going to jail

A search incident can occur even where defendant is at a mobile booking place without being transported to jail. State v. Boehmer, 2024 Mo. App. LEXIS 314 (May 14, 2024). Defendant’s concession in the trial court that the stop and … Continue reading

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NM: New crime after alleged illegal seizure not suppressed

Defendant’s new crimes after his alleged illegal seizure are not suppressed. State v. Morgan, 2024 N.M. App. LEXIS 23 (May 13, 2024). Tossing a backpack in flight from the police is abandonment. United States v. Anderson, 2024 U.S. Dist. LEXIS … Continue reading

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CA9: Compliance or not with inventory procedure is a part of totality of circumstances; here they were investigating

Compliance or not with inventory procedure is a factor in the totality of circumstances. Here, the totality showed that the officers were investigating, not just inventorying. Denial of suppression reversed. United States v. Anderson, 2024 U.S. App. LEXIS 10708 (9th … Continue reading

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M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it

Defendant was neither the shipper nor recipient of a USPS parcel with drugs in it, opened six weeks after it was unclaimed. He had no standing in it. United States v. Bell, 2024 U.S. Dist. LEXIS 78182 (M.D. Pa. Apr. … Continue reading

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E.D.N.Y.: The search of def’s house started about 6:10 am; the camera time hadn’t been adjusted for DST

Defendant submitted that the search of his house started at 5:00 am. The officers and virtually all the evidence showed it started at 6:10 am. The metadata on some photographs showed 5:16 am. The court finds the camera’s time hadn’t … Continue reading

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CA9: Inventory of backpack before handing it to released defendant was reasonable and within policy

Defendant’s backpack was lawfully inventory searched by the police before returning it to him after he’d been released. They substantially complied with policy. United States v. Sapalasan, 2024 U.S. App. LEXIS 7580 (9th Cir. Apr. 1, 2024) (2-1). A motion … Continue reading

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NV: The state’s ability to seize a cell phone with exigency doesn’t include the power to search it

The ability to seize a cell phone with exigent circumstances doesn’t include the state’s ability to search it without a warrant. Smith v. State, 2024 Nev. LEXIS 14 (Mar. 28, 2024). Defendant wasn’t seized when the officer first approached him. … Continue reading

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GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

Police had a search warrant for marijuana. “[E]ven if the seizure of the firearms, ammunition, and body armor is not within the scope of the warrant, we agree with the State that law enforcement was authorized to seize these items … Continue reading

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MO: Detox civil detention justified inventory search of the person

Detox civil detention justified inventory search of the person the same as jailing an alleged offender. State v. Williams, 2024 Mo. App. LEXIS 131 (Mar. 5, 2024). Some of the information in the affidavit didn’t provide a time frame, but … Continue reading

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OH3: 9-1-1 call about possible fire in def’s home justified FD entry; plain view resulted.

A 9-1-1 call about a fire in defendant’s home revealed by heavy black smoke from the chimney brought the fire and police departments who entered. The fire scene entry and the plain view were reasonable under Michigan v. Tyler. State … Continue reading

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CA9: Wholesale inventory searches of private safe deposit boxes in SW for business was unreasonable

US Private Vaults case reversed. The search of USPV’s 700 safe deposit boxes for inventory was unreasonable. The FBI obtained a warrant for USPV’s business because of its business practices, and this search of the safe deposit boxes of customers … Continue reading

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GA: Question in inventory was whether it was reasonable, not whether it was necessary

The question in inventory was whether it was reasonable, not whether it was necessary. Defense counsel wasn’t ineffective for not moving to suppress. McAnnally v. State, 2024 Ga. App. LEXIS 19 (Jan. 18, 2024). The prolonged retention of defendant’s cell … Continue reading

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DC: Frisk of jacket in car was without RS

Defendant was a passenger in a rideshare, and the car was stopped for a traffic offense. They were all ordered out, and defendant took off his jacket while “blading,” said the officer, and left it in the car. The officer … Continue reading

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WY: Def’s girlfriend showed apparent authority to enter their apartment after domestic dispute; Illinois v. Rodriguez redux

Officer’s reasonably relied on defendant’s girlfriend’s apparent authority to enter his apartment. She called 911 about what she described as a domestic assault where he struck her face. When police arrived, she was outside the apartment sitting on the stairs. … Continue reading

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