Category Archives: Inventory

D.Mass.: Police had no affirmative duty to allow def to call for help to remove car to avoid inventory

Police had no duty to let defendant call somebody to come and get his car rather than it be inventoried. “But WPD’s policy and practice plainly do not dictate that officers affirmatively inquire about the availability of a third-party driver. … Continue reading

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OH2: Def taken to hospital for mental eval couldn’t have clothes inventoried by police because of lack of arrest

Defendant was detained and taken to a hospital for a mental evaluation. He was made to change into hospital clothing, and his clothes were placed in a hospital property bag. The police inventory of the bag wasn’t justified because defendant … Continue reading

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D.N.M.: Inventory didn’t follow sufficiently standardized procedures and was pretextual to search

The tow policy of the police department was discretionary (“may tow”) and defendant hadn’t yet been arrested when the decision was made to tow without giving options. Therefore, the government didn’t meet its burden that the decision to tow was … Continue reading

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CA11: Officer has discretion to let another take vehicle or impound it with inventory, and he can change his mind

Allowing defendant’s vehicle to be taken by another instead of impounding it was within the officer’s discretion. At first he said he would do that, then changed his mind. That doesn’t make the inventory unreasonable. United States v. Sibert, 2019 … Continue reading

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IN: Failure to prove dept’l inventory policy fatal to inventory search; officer calling search one thing but DA not arguing it is waiver

The state didn’t support the departmental inventory policy at trial, and that was error. Also, what the officer calls a search (here “search incident”) the prosecutor didn’t, and that argument was waived for appeal. Smith v. State, 2019 Ind. App. … Continue reading

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E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it

The government satisfied its burden in showing that the inventory of defendant’s car was reasonable and not for an investigative purpose. Important to that, they attempted to work with defendant to avoid towing the vehicle at all by getting a … Continue reading

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D.P.R.: Lack of paperwork on inventory at hearing is troubling, but the inventory was still valid

Not leaving defendant’s car in the “largest shopping mall in the Caribbean” justified removal and inventory of the car. The lack of paperwork at the hearing was troubling, but not unconstitutional. United States v. Villa-Guillen, 2019 U.S. Dist. LEXIS 123537 … Continue reading

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CA2: Second inventory search on the street was reasonable

Defendant’s car was inventoried by NYPD. After the first search, officers overheard defendant’s phone call that somebody needed to come and get the car “now,” and they surmised they overlooked something important. A second inventory was conducted, and the NYPD … Continue reading

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CA11: Officers get QI for stop of apparent burglars

The defendant officers’ actions were justified and subject to qualified immunity. They were patrolling an area known for daytime burglaries and saw plaintiff lurking along the side of homes and stopped to inquire and found that one house was open. … Continue reading

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E.D.Tex.: Driver’s arrest justified impoundment and inventory under dept’s policy

“In this case, Defendant, the driver and sole occupant of the vehicle, had been arrested. It was likely the vehicle would be unattended for an extended period of time. Per department policy, the arresting officers caused the vehicle to be … Continue reading

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D.N.M.: Inventory was unjustified

It was apparent the officer wanted to search defendant’s car, so he devised a way to seize it, but it was without justification. Thus, the inventory was unreasonable. United States v. James, 2019 U.S. Dist. LEXIS 82527 (D. N.M. May … Continue reading

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E.D.N.Y.: Search of car’s fuse box reasonable in an inventory

The search of a car’s fuse box was reasonable under the inventory search exception. The body cameras were on when the inventory started and then were turned off. The court declines to find that this showed bad faith because everything … Continue reading

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