Category Archives: Inventory

IL: Smell of burnt mj alone not RS

The smell of burnt cannabis without seeing more is not reasonable suspicion in Illinois. People v. Redmond, 2022 IL App (3d) 210524, 2022 Ill. App. LEXIS 479 (Nov. 15, 2022). On an Anders brief, the inventory search of defendant’s car … Continue reading

Posted in Consent, Inventory, Particularity, Plain view, feel, smell, Probation / Parole search, Reasonable suspicion | Comments Off on IL: Smell of burnt mj alone not RS

OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary

Defendant’s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. State v. Seem, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Inventory, Pretext | Comments Off on OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary

OH10: Window tint violation justified impoundment and inventory, even though discretionary

Under the inventory policy, the police had the discretion to impound vehicles with excessive window tint, even though they did not apply impoundment uniformly. State v. Hall-Johnson, 2022-Ohio-3512, 2022 Ohio App. LEXIS 3308 (10th Dist. Sep. 30, 2022). An investigation … Continue reading

Posted in Custody, Exclusionary rule, Inventory, Search | Comments Off on OH10: Window tint violation justified impoundment and inventory, even though discretionary

CA5: Car could be towed and inventoried rather than left at gas pumps

Officers observed two traffic violations and stopped him at gas pumps. An old arrest warrant surfaced. Leaving the car at the gas pump was not reasonable–it could be towed and inventoried. United States v. Walker, 2022 U.S. App. LEXIS 26405 … Continue reading

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W.D.Mich.: PC shown vehicle was involved in string of robberies for GPS tracking

Probable cause supported the warrant to install a GPS tracking device on defendant’s vehicle. The government showed probable cause to believe it and he were involved in a series of cash store robberies. United States v. Rolling, 2022 U.S. Dist. … Continue reading

Posted in Consent, GPS / Tracking Data, Inventory, Reasonable suspicion, Tracking warrant | Comments Off on W.D.Mich.: PC shown vehicle was involved in string of robberies for GPS tracking

CA8: Inventory was reasonable despite officer expecting to find drugs

There was reasonable suspicion for defendants’ stop. The subsequent inventory was facially valid because it followed departmental policy. “That Detective Parks happened upon contraband in the course of this search does not transform an otherwise valid inventory search into a … Continue reading

Posted in Abandonment, Inventory | Comments Off on CA8: Inventory was reasonable despite officer expecting to find drugs

OH12: No const’l requirement to call owner before vehicle impoundment

Neither the federal nor state constitution require an officer to call the owner of a car to come and get it off a parking lot rather than it be towed when the driver is arrested. State v. Edwards, 2022-Ohio-2384, 2022 … Continue reading

Posted in Inventory, Voluntariness | Comments Off on OH12: No const’l requirement to call owner before vehicle impoundment

S.D.N.Y.: Even illegally seized evidence could be used at sentencing

Defendant’s claim of illegal search is moot for the trial because the government says it’s not using it. It could, however, come up at sentencing. “In United States v. Tejada, the Second Circuit held that ‘[a]bsent a showing that officers … Continue reading

Posted in Exclusionary rule, Inventory, Staleness | Comments Off on S.D.N.Y.: Even illegally seized evidence could be used at sentencing

CA1: Voluntary act after unreasonable stop made evidence admissible

There was no reasonable suspicion for defendant’s seizure on the totality. But, “Sierra-Ayala’s intervening volitional act, in the absence of exploitative behavior by López-Maysonet, renders the discovery of the drugs sufficiently attenuated so as to dissipate the taint of the … Continue reading

Posted in Automobile exception, Good faith exception, Inevitable discovery, Inventory, Voluntariness | Comments Off on CA1: Voluntary act after unreasonable stop made evidence admissible

CA8: Independent source justified search despite illegal protective sweep

“Herbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th … Continue reading

Posted in Computer and cloud searches, Independent source, Inventory, Protective sweep | Comments Off on CA8: Independent source justified search despite illegal protective sweep

CA9: Inventory of backpack no one would claim was reasonable

The seizure and inventory of a backpack in a car was reasonable where neither of the occupants could say who it belonged to. United States v. Montano, 2022 U.S. App. LEXIS 17544 (9th Cir. June 24, 2022).* Plaintiff cannot claim … Continue reading

Posted in Drug or alcohol testing, Inventory, Issue preclusion, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on CA9: Inventory of backpack no one would claim was reasonable

MO: Inventory followed policy without putting it into evidence

The officer testified his inventory followed policy, but no written policy was admitted into evidence. It was up to the trial court to believe the officer on policy or not, and it did. State v. Teel, 2022 Mo. App. LEXIS … Continue reading

Posted in Inventory, Nexus | Comments Off on MO: Inventory followed policy without putting it into evidence

MT: Welfare check of car was reasonable, but extending it was without RS

The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A … Continue reading

Posted in Administrative search, Community caretaking function, Informant hearsay, Inventory, Reasonable suspicion | Comments Off on MT: Welfare check of car was reasonable, but extending it was without RS

ID: Not unreasonable to check wants and warrants on passenger during a traffic stop

“This appeal arises out of a traffic stop where a single officer, without having reasonable suspicion that a crime involving the passenger was afoot, checked the passenger for outstanding warrants. The officer used her patrol vehicle’s computer and received a … Continue reading

Posted in Dog sniff, Ineffective assistance, Inventory, Reasonable suspicion | Comments Off on ID: Not unreasonable to check wants and warrants on passenger during a traffic stop

E.D.Wis.: Admitted investigatory motive for inventory made it unreasonable

Officers had an admitted investigatory motive for stopping and searching defendant’s car. They found a reason to impound it and conduct an inventory, and that was unreasonable here. United States v. Clayton, 2022 U.S. Dist. LEXIS 80076 (E.D.Wis. May 3, … Continue reading

Posted in Consent, Inventory, Standing, Warrant papers | Comments Off on E.D.Wis.: Admitted investigatory motive for inventory made it unreasonable

NY Kings Co.: “There is no Fourth Amendment principle that forbids a police officer from being pleased at having found an illegal weapon”

“Set against the obvious reality that a well-documented full and proper inventory was carried out here, I do not find the mere fact that after spotting the gun at the outset, Officer Duran exclaimed, ‘that was easy,’ and ‘Now it’s … Continue reading

Posted in Ineffective assistance, Inventory | Comments Off on NY Kings Co.: “There is no Fourth Amendment principle that forbids a police officer from being pleased at having found an illegal weapon”

N.D.Ill.: Going to drug deal from house and then going back is nexus to the house

Defendant left his house, went to a drug deal, and returned. This is not the officer’s mere reliance on what drug dealers normally do or he would expect to find. United States v. McCreary, 2022 U.S. Dist. LEXIS 69838 (N.D.Ill. … Continue reading

Posted in Consent, Emergency / exigency, Inventory, Nexus, Plain view, feel, smell | Comments Off on N.D.Ill.: Going to drug deal from house and then going back is nexus to the house

E.D.Mo.: Empty sandwich bag in car not subject to plain view; incriminating nature not immediately apparent

The government failed to establish reasonable suspicion for defendant’s stop on an anonymous tip where nothing of substance was furnished contrary to Navarette. Moreover, it wasn’t immediately apparent an empty sandwich bag in the car was incriminating for plain view. … Continue reading

Posted in Burden of pleading, Inevitable discovery, Inventory, Plain view, feel, smell, Reasonable suspicion | Comments Off on E.D.Mo.: Empty sandwich bag in car not subject to plain view; incriminating nature not immediately apparent

CA8: Car seizure for overtinting and inventory were reasonable

Defendant’s car was permissibly seized for overtinting, and the subsequent search was reasonable as inventory. United States v. Perez, 2022 U.S. App. LEXIS 8697 (8th Cir. Apr. 1, 2022).* “Even assuming arguendo that Thrasher could make a substantial preliminary showing … Continue reading

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E.D.Wis.: Inevitable discovery cures otherwise unreasonable inventory

“The search here was generally unreasonable, but it was saved by inevitable discovery. “In the present case, the Government does not contend that Hobbs had probable cause to search Defendant’s vehicle. Hobbs did not have a warrant. His search was … Continue reading

Posted in Inevitable discovery, Inventory, Scope of search | Comments Off on E.D.Wis.: Inevitable discovery cures otherwise unreasonable inventory