Category Archives: Inventory

CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

Defendant’s admission he possessed marijuana in his car was within the normal incidents of the traffic stop, Therefore, the officer could extend the stop under Rodriguez. United States v. Lott, 2020 U.S. App. LEXIS 10237 (6th Cir. Apr. 1, 2020). … Continue reading

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PA: No right to leave vehicle parked on another’s property to avoid inventory

Defendant showed standing by showing that he bought the car he was driving and put it in his sister’s name, and he was the only person who drove it. The inventory was proper because there was no right to leave … Continue reading

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CA6 subsumes PC into the GFE, reading it out of the 4A

“Govea’s brief stop at his home—immediately before driving to the scene of a controlled buy and immediately after driving to his home from the home of the seller in the controlled buy, with the seller as a passenger—connected the drug … Continue reading

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OH5: Search was valid as inventory and AE

The vehicle search was valid as an inventory. When a weapon was found in the console, it was valid under the automobile exception. State v. Fawcett, 2020-Ohio-1004, 2020 Ohio App. LEXIS 925 (5th Dist. Mar. 12, 2020). The county’s insurance … Continue reading

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OH2: On inventory of car owned by another, the police have no duty to call the owner

This inventory for driving another’s car without a license was reasonable. It followed policy, and there was no duty to call the owner to retrieve it to avoid the inventory. State v. Allen, 2020-Ohio-947, 2020 Ohio App. LEXIS 868 (2d … Continue reading

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OR: Mere passenger in vehicle can remove personal belongings before inventory

A passenger in a vehicle to be inventoried after a stop is entitled to notice to retrieve her personal belongings before it happens. Only this is consistent with the purpose of the inventory requirement. Other states are in accord, and … Continue reading

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MA: Purported inventory of cell phone was investigative and unreasonable

Defendant was arrested on suspicion of murder, and he had a cell phone in his pocket that he was using, his younger brother’s. The seizure of the phone was proper, but the purported inventory of the phone was not because … Continue reading

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OH5: Driver’s consent to search car doesn’t extend to passenger’s backpack

Driver’s consent to search car did not extend to passenger’s backpack. The state’s reliance on inventory failed for not proving up the policy. State v. Pennington, 2020-Ohio-757, 2020 Ohio App. LEXIS 688 (5th Dist. Mar. 2, 2020). “After considering the … Continue reading

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NE: Inventory wasn’t pretext for investigation; body cam video showed how it was done, and written policy could be testified to

Defendant’s vehicle was lawfully impounded, as it would have been in any event, and then it was inventoried. The state’s failure to put the inventory policy into evidence was not fatal because there was testimony about it. The inventory search … Continue reading

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W.D.Mo.: Inventory for tow after def was taken to hospital was clearly only for community caretaking and not investigation

Defendant was injured in a vehicle accident, and he didn’t respond to the officer’s request about a private tow. The officer arranged a tow, and his inventory of the car was clearly based on the community caretaking function and not … Continue reading

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CA2: SI of backpack for a subway fare violation was unreasonable, but a search was inevitable as inventory

Defendant was arrested by NYPD for using a student fare MetroCard, and a computer search showed he was a transit recidivist. His backpack was searched. While it was an invalid search incident, he was taken to the precinct house and … Continue reading

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OH8: Removing part of dashboard during inventory was unreasonable

The license plate holder blocked most of the registration sticker, and that justified the stop. The smell of marijuana justified a further search of the car, and, finding a warrant on the driver, the police impounded the car. Removing part … Continue reading

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