Category Archives: Inventory

CO: Def was ticketed, but car was impounded without reasonable justification; suppressed

Defendant was issued a citation for a traffic offense, and then the officers decided to impound his car. There was no justification for the impoundment, and the search of the vehicle is suppressed. People v. Brown, 2018 CO 27, 2018 … Continue reading

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TX1: Search incident and inventory invalid for failing to signal; as to inventory, the inventorying officer is a necessary witness

A drug officer called a patrol officer to stop defendant. After he failed to promptly signal a turn, he was stopped, handcuffed, and his car was searched. “The search of Appellant’s vehicle incident to his arrest for failing to signal … Continue reading

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D.Me.: SW didn’t authorize search of visitor’s cars arriving after search started

The search warrant in this case did not authorize a search of a vehicle that arrived at the premises during the search. There was, however, independent probable cause for a search of the vehicle under the automobile exception. United States … Continue reading

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S.D.Fla.: Former lawyer could not sue Disciplinary Counsel in bankruptcy after already losing in another similar case

Plaintiff is a former lawyer who sued the Pennsylvania Office of Disciplinary Counsel alleging Fourth Amendment violations from seizure of his office files. After losing that case, he attempted to relitigate the same issue through bankruptcy court. He is collateral … Continue reading

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NJ: Def was interrogated in DA’s office; inventory of her purse after lawyering up was unreasonable

Defendant was detained and being interviewed at the local DA’s office. She’d rummaged in her purse without restriction, and it was open on the table. She looked at her cell phone for the time and commented that she had to … Continue reading

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VI: Govt couldn’t rely on inventory to justify search when the vehicle wasn’t impounded

Officer’s knowledge that defendant possessed a firearm was not reasonable suspicion in itself because one could possess a firearm in the VI, albeit with a license. When officers observed bullet holes in the car and defendant was nervous and evasive, … Continue reading

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D.Nev.: UPS employee conducted private search and allowing police to photograph contents did exceed private search

A UPS employee suspected contraband in a package shipped from Las Vegas to Florida, and a supervisor then opened. While it was open, police came and photographed it, and this did not exceed the private search. United States v. Washington, … Continue reading

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E.D.Mich.: Franks challenge fails because there still would be PC

Defendant’s Franks challenge fails because, even accepting it as true, there’s still probable cause. United States v. Barclay, 2018 U.S. Dist. LEXIS 12061 (E.D. Mich. Jan. 25, 2018).* “Probable cause ‘is not a high bar.’ Kaley v. United States, 134 … Continue reading

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OH: A policy to take arrestee’s purse to jail with her doesn’t grant power to inventory it

“This case addresses whether a law-enforcement agency’s policy that an arrestee’s personal effects must accompany the arrestee to jail can, on its own, justify the warrantless retrieval of an arrestee’s personal effects from a location that is protected under the … Continue reading

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D.N.M.: Inventory was reasonable on the totality, so officers’ actual intent doesn’t matter

Defendant was arrested at someone else’s home, and he had a bag. The homeowner wouldn’t take responsibility for the bag, so it went with defendant, and its inventory was reasonable on the totality. “Thus, whether or not the Officers’ testimony … Continue reading

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D.S.D.: General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective”

General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective.” United States v. Bruce, 2018 U.S. Dist. LEXIS 7387 (D.S.D. Jan 17, 2018). “Although the affidavit in the instant case could have provided more information … Continue reading

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D.Neb.: Minor mistakes on inventory paperwork don’t make the inventory unreasonable

The officer’s minor errors on the paperwork for the inventory don’t show that was pretextual for a criminal search or otherwise unreasonable. United States v. Lillard, 2018 U.S. Dist. LEXIS 6613 (D. Neb. Jan. 16, 2018) (wrong vehicle model, failing … Continue reading

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