Category Archives: Inventory

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

Posted in Apparent authority, Burden of proof, Informant hearsay, Inventory | Comments Off on WY: Def’s girlfriend showed apparent authority to enter their apartment after domestic dispute; Illinois v. Rodriguez redux

NM: No valid purpose for impoundment and inventory of def’s car parked in his own driveway

Impoundment and inventory of defendant’s car parked in his own driveway was unreasonable. There was no valid community caretaking function to be served here. State v. Ontiveros, 2023 N.M. LEXIS 281 (Dec. 18, 2023). 2254 petitioner had a full and … Continue reading

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E.D.La.: Seizure of car for inventory on seeing gun was without PC; “post hoc” claim of PC falls on deaf ears because they never acted like there was

Officers procured multiple warrants for defendant’s apartment, a cooler, and another vehicle, but never his car. Then they saw a gun in the car and decided to inventory. The government also claimed probable cause and a valid reason for seizure, … Continue reading

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CA10: Inventory fails circuit’s standards, and seizure of machine gun reversed

Defendant didn’t have to show an investigative pretext for the impoundment of his vehicle and the finding of the machine gun. He prevails on the Tenth Circuit’s Sanders standard. “United States v. Sanders, 796 F.3d 1241, 1243 (10th Cir. 2015) … Continue reading

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E.D.Mo.: Inventory of car totaled in flight from police was reasonable on totality

The inventory of defendant’s car after he totaled it fleeing from the police in a wreck was reasonable on the totality. Defendant argued that inventory was improper just from curiosity. United States v. Twiggs, 2023 U.S. Dist. LEXIS 204654 (E.D. … Continue reading

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N.D.Cal.: City policy of towing and impounding vehicles for fees owed violated 4A of lessor

Plaintiff leased a vehicle to a motorist who got behind in payments. By the time it was ready to repossess, VW Credit found out that the city had the car towed and held by a towing company which refused to … Continue reading

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D.Minn.: Non-authorized driver of rental car four hours late to return had no standing

Defendant was stopped driving a rental car four hours after the rental expired and he was not an authorized driver. He doesn’t show standing. United States v. Maiden, 2023 U.S. Dist. LEXIS 192555 (D. Minn. Sep. 5, 2023), adopted 2023 … Continue reading

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NY: Inventory policies don’t have to be in writing to be reasonable

“There is no requirement that an inventory search protocol be written …, and courts will not ‘micromanage the procedures used to search properly impounded cars’ … ‘[R]easonable police regulations relating to inventory procedures administered in good faith satisfy the Fourth … Continue reading

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IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

Officers attempted a stop of a vehicle potentially involved in an earlier occurrence. Instead of stopping, the driver fled from the stop in the car. Instead of pursuing, officers had the LPN and went to where it was registered, and … Continue reading

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S.D.N.Y.: Arrested target of cell phone SW has common law right of access to affidavit and SW

The target’s motion to unseal the search warrant affidavit for his cell phone is granted. There is a common law right of access, and the First Amendment right of access does not even have to be decided. The government’s only … Continue reading

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NC: Search incident doesn’t apply to hit-and-run; automobile exception didn’t apply to car partly submerged in ditch

Defendant was the passenger in a car owned by her parents involved in a hit-and-run that fled the scene and ended up in a ditch. The driver ran off because he said he had warrants. She gave the driver’s name. … Continue reading

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OH7: Def didn’t impliedly consent to officer’s entry into hotel room when def was getting his ID

The officer encountered defendant in the hotel lobby. He asked for defendant’s ID, and defendant said he had to go to his room to get it. The officer asked if he could accompany him to the room. The officer’s entry … Continue reading

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OH: Written inventory not always required to justify it

The failure of officers to make a written inventory doesn’t necessarily constitutionally nullify the inventory. Officer’s testimony about the standardized procedures was sufficient without actually putting the policy into evidence. State v. Toran, 2023-Ohio-3564, 2023 Ohio LEXIS 1957 (Oct. 4, … Continue reading

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ID: Inventory as pretext for investigatory searches unreasonble

An inventory search that is a pretext for an investigatory search is unreasonable. Remanded for reconsideration of this issue. State v. Ramos, 2023 Ida. LEXIS 123 (Sep. 29, 2023). techdirt: The Casual Cruelty Of Cops: Inventory Search Edition by Tim … Continue reading

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