Category Archives: Inventory

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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NC: Failure to object to satellite-based monitoring in trial court was waiver

Defendant didn’t raise the constitutionality of satellite-based monitoring in the trial court, so it’s waived for appeal. He also can’t bring it up by certiorari. State v. DeJesus, 2019 N.C. App. LEXIS 384 (May 7, 2019). Reasonable suspicion developed at … Continue reading

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D.Wis.: Property renter didn’t yet have standing to challenge ordinance for renter information under 4A

Suit over a county ordinance that short term rental properties have to allow government access to their guest registries as a violation of the Fourth Amendment was moot. Plaintiff hadn’t filed the paperwork under the ordinance so he doesn’t yet … Continue reading

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S.D.Fla.: Generically describing in an inventory “tools” and “misc items” was constitutionally adequate to show true inventory

Describing a lot of stuff in defendant’s car as “tools” and “misc items” was good enough. “Officer Jas also testified that having the inventory search recorded in his BWC served to verify the accuracy of his paperwork. Having considered Officer … Continue reading

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MD: The actual inventory is the list of what was seized, not necessarily from exactly where it was seized

“What the inventory must list, as was properly done in this case, is the property that was actually seized, not the rooms that were searched. To describe the scope of the search is not the function of an inventory list.” … Continue reading

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NE: Search of the person here was valid an an inventory at the jail

The search of defendant’s person at the jail after his arrest was valid as an inventory search. State v. Garcia, 302 Neb. 406 (Mar. 8, 2019). “As set forth above, the undersigned does not agree with Defendant that the affidavit … Continue reading

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OR: Def ordered from car left purse inside, and it was subject to inventory when car towed

Defendant was ordered out of the car, and she left her purse inside. Her purse was legitimately subjected to the inventory since it was left in the car. State v. Fulmer, 296 Ore. App. 61, 2019 Ore. App. LEXIS 190 … Continue reading

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CA8: Lesser intrusive measures to inventory not constitutionally required

The inventory was appropriately conducted within the policy of the department. Defendant had no constitutional right to have somebody come to pick up the car before inventory. The police could do that if convenient, but they weren’t required to do … Continue reading

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S.D.Ind.: Towing and inventory objectively reasonable; subjective motive doesn’t matter

The towing and inventory of defendant’s vehicle was objectively reasonable. His later assertion that he uncovered evidence of a subjective motivation for towing and inventory is insufficient to overcome the objective basis. United States v. Vales, 2019 U.S. Dist. LEXIS … Continue reading

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S.D.Ohio: Cursory search of garage was permissible protective sweep

The bodycam video shows that the entry into the house for a search was by consent of a co-occupant. A cursory search of garage was permitted under protective sweep. United States v. Russell, 2019 U.S. Dist. LEXIS 9977 (S.D. Ohio … Continue reading

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