Category Archives: Inventory

PA: Protective sweep doesn’t permit searching dresser drawers

The protective sweep was valid, but it did not permit going into dresser drawers. Commonwealth v. Hightower, 2025 PA Super 129, 2025 Pa. Super. LEXIS 277 (June 25, 2025); Commonwealth v. Layer, 2025 PA Super 128, 2025 Pa. Super. LEXIS … Continue reading

Posted in F.R.Crim.P. 41, Franks doctrine, Inventory, Protective sweep, Scope of search | Comments Off on PA: Protective sweep doesn’t permit searching dresser drawers

CA11: Using BitTorrent to enter def’s computer peer-to-peer wasn’t an unreasonable search

Using BitTorrent to access defendant’s open child pornography files peer-to-peer on his computer was not a digital trespass and did not violate any reasonable expectation of privacy. United States v. Ewing, 2025 U.S. App. LEXIS 15437 (11th Cir. June 23, … Continue reading

Posted in Cell site location information, Digital privacy, Dog sniff, Good faith exception, Inventory, Reasonable expectation of privacy, Reasonable suspicion, Trespass | Comments Off on CA11: Using BitTorrent to enter def’s computer peer-to-peer wasn’t an unreasonable search

N.D.Ohio: Visitor getting high and passing out on couch doesn’t give standing to challenge search of premises

Defendant got high and fell asleep on the couch, and he was there when the raid occurred. He didn’t have standing. United States v. Taylor, 2025 U.S. Dist. LEXIS 103820 (N.D. Ohio June 2, 2025). The government’s motion to reconsider … Continue reading

Posted in Inventory, Private search, Probable cause, Standing | Comments Off on N.D.Ohio: Visitor getting high and passing out on couch doesn’t give standing to challenge search of premises

E.D.La.: Def still a danger to community after grant of motion to suppress; reopening detention hearing denied

After defendant’s motion to suppress was granted, he moved to reopen his detention hearing. It’s denied. The government superseded the indictment, and he’s still found to be a danger to the community. “The Court may thus properly consider suppressed evidence … Continue reading

Posted in Independent source, Inventory, Motion to suppress, Qualified immunity | Comments Off on E.D.La.: Def still a danger to community after grant of motion to suppress; reopening detention hearing denied

CA9: Electronic monitoring condition of pretrial release was essentially a contract between def and court, thus consent

The Superior Court of San Francisco imposes electronic monitoring as a condition of pretrial release. Because it’s essentially a contract between the defendant and court, it’s consent to EM for release. It also does not violate state separation of powers. … Continue reading

Posted in Consent, Franks doctrine, GPS / Tracking Data, Inventory, Private search, Rule 41(g) / Return of property | Comments Off on CA9: Electronic monitoring condition of pretrial release was essentially a contract between def and court, thus consent

CA10: Disabled vehicle left parked along a highway is subject to impoundment

A disabled vehicle left parked along a highway is subject to impoundment. Jones v. Woodrow, 2025 U.S. App. LEXIS 8419 (10th Cir. Apr. 10, 2025).* Defendant’s stop was valid because of a defective LPN light. This led to discovering a … Continue reading

Posted in Ineffective assistance, Inventory, Reasonable suspicion | Comments Off on CA10: Disabled vehicle left parked along a highway is subject to impoundment

CA5: Officer’s responding to “open structure call” and entering was reasonable as community caretaking function

“When Dean responded to the ‘open structure call’ he was performing a community caretaking function. Community caretaking functions are ‘totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.’ … Here, even … Continue reading

Posted in Community caretaking function, Franks doctrine, Inventory, Unreasonable application / § 2254(d) | Comments Off on CA5: Officer’s responding to “open structure call” and entering was reasonable as community caretaking function

NY3: Inventory doesn’t have to be everything, just meaningful things

The inventory papers and the body cam video show that the officer inventoried all the meaningful things in the vehicle, so it complied with policy and was reasonable. People v. Craddock, 2025 NY Slip Op 01016, 2025 N.Y. App. Div. … Continue reading

Posted in Arrest or entry on arrest, Inventory, Probable cause, Qualified immunity | Comments Off on NY3: Inventory doesn’t have to be everything, just meaningful things

CA11: Refusal to cooperate in taking DNA by SW permitted adverse inference at trial

“The record here demonstrates that the district court did not plainly err by allowing the jury to draw an adverse inference of guilt from Gonzalez’s refusal to provide his DNA even though his counsel was not present. When the government … Continue reading

Posted in Admissibility of evidence, DNA, Inventory | Comments Off on CA11: Refusal to cooperate in taking DNA by SW permitted adverse inference at trial

VA: Slight diversion from inventory didn’t show it to be pretextual

The towing of defendant’s car left on the interstate without a valid LPN was reasonable. The officers didn’t have to permit him to find his own sources. The inventory was not proved to be pretextual. “But the departures from procedure … Continue reading

Posted in Good faith exception, Ineffective assistance, Inventory, Pretext | Comments Off on VA: Slight diversion from inventory didn’t show it to be pretextual

CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless

Impeaching defendant’s trial testimony about the search of his property using his proffer agreement was prejudicial, but it was harmless on this record. They could have cross-examined without it. United States v. Grogan, 2025 U.S. App. LEXIS 2354 (6th Cir. … Continue reading

Posted in Admissibility of evidence, Inventory, Particularity, Probable cause | Comments Off on CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless

ID: State completely failed to support justification for inventory

“The record is devoid of evidence to support the conclusion that Detective Uhrig’s decision to impound Smith’s car was reasonable under the circumstances.” The inventory depending on the legality of the impoundment. Reversed. State v. Smith, 2025 Ida. LEXIS 8 … Continue reading

Posted in Good faith exception, Inventory | Comments Off on ID: State completely failed to support justification for inventory

E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

Putting defendant’s cell phone into airplane mode wasn’t a search. The name “Red” was seen on the screen. There was independent probable cause for the cell phone warrant. United States v. Hudson, 2025 U.S. Dist. LEXIS 14952 (E.D. Mo. Jan. … Continue reading

Posted in Cell phones, Independent source, Inventory, Plain view, feel, smell, Search | Comments Off on E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

NY Queens: Stop based solely on car description wasn’t with RS

Defendant’s vehicle was stopped solely because of its make and color with no other justification, and thus lacking reasonable suspicion. People v. Mitchell, 2025 NYLJ LEXIS 261 (Queens Co. Jan. 22, 2025).* The use of force here on a food … Continue reading

Posted in Franks doctrine, Inventory, Reasonable suspicion | Comments Off on NY Queens: Stop based solely on car description wasn’t with RS

NY3: Inventory didn’t comply with dept. policy and there was no full inventory

Defendant’s traffic stop was valid, but the state failed to show the impoundment complied with departmental policies. There was no evidence the vehicle was unsecured or unsafe if left at the scene. The inventory search failed to follow departmental procedures … Continue reading

Posted in Inventory, Reasonable suspicion, Standing | Comments Off on NY3: Inventory didn’t comply with dept. policy and there was no full inventory

E.D.Tenn.: The alleged illegality of the later arrest doesn’t undo def’s abandonment in flight

Defendant fled, he said, in fear of his life, not knowing that it was the police. He abandoned property in flight. The fact the later arrest might turn out to be invalid doesn’t undo the abandonment. United States v. Ross, … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Inventory, Issue preclusion, Reasonable suspicion, Seizure | Comments Off on E.D.Tenn.: The alleged illegality of the later arrest doesn’t undo def’s abandonment in flight

CA2: Mental health seizure for danger to self or others requires PC and exigency

“[A] ‘warrantless seizure for the purpose of involuntary hospitalization may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is dangerous to [him]self or to others.” Singh v. City … Continue reading

Posted in Emergency / exigency, Inventory, Probable cause, Reasonable suspicion | Comments Off on CA2: Mental health seizure for danger to self or others requires PC and exigency

MA: SW for “controlled substances” without specifying anything in particular was overbroad

Search warrant for “controlled substances” without specifying anything in particular, including what the controlled buy allegedly was, was overbroad. In addition, the warrant wasn’t present at the search, so it can’t help limit the search [which seems kind of a … Continue reading

Posted in Inevitable discovery, Inventory, Issue preclusion, Overbreadth, Particularity, Strip search | Comments Off on MA: SW for “controlled substances” without specifying anything in particular was overbroad

PA: State failed in its burden of proof on inventory policy

The state failed to put on proof of the impoundment and inventory policy, so the trial court erred in finding it was reasonable. Commonwealth v. Brinson, 2024 PA Super 293, 2024 Pa. Super. LEXIS 536 (Dec. 9, 2024). Defendant’s car … Continue reading

Posted in Abandonment, Burden of proof, Exclusionary rule, Inventory, Standing | Comments Off on PA: State failed in its burden of proof on inventory policy

OH1: Smoking MJ in public and jaywalking was RS for a patdown

“Mr. King challenges the foundation for the Terry stop, emphasizing that smoking marijuana in public and jaywalking are not arrestable offenses. True enough, but officers can issue tickets for both offenses. Cincinnati Mun.Code § 506-46 and 512-1; R.C. 3780.99(B). And … Continue reading

Posted in Inventory, Probation / Parole search, Reasonable suspicion, Seizure | Comments Off on OH1: Smoking MJ in public and jaywalking was RS for a patdown