Category Archives: Inventory

D.C.Cir.: Applications for orders under SCA and ECPA presumptively public judicial records

Applications for orders under the Stored Communications Act and Electronic Communications Privacy Act of 1986 are judicial records subject to public view under the common law. Pen register records are presumptively sealed under Title III. In the Matter of the … Continue reading

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CA5: Bitcoin transactions are like third-party bank records with no REP

Bitcoin transactions are akin to third-party bank records and are not governed by Carpenter. There is no added reasonable expectation of privacy in them. United States v. Gratkowski, 2020 U.S. App. LEXIS 20501 (5th Cir. June 30, 2020). The vehicle … Continue reading

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WI: Impoundment of car because def was merely ticketed for not having a valid license was unreasonable

Defendant was stopped for speeding, and he was found without a license. The police didn’t arrest him, just ticketed him. Impounding his car and inventorying it was unreasonable under the circumstances, and this was not a reasonable exercise of the … Continue reading

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CA9: Not precisely following CHP inventory policy doesn’t make it unreasonable

Not precisely following CHP policy in filing out the inventory papers didn’t per se make the inventory search unreasonable. United States v. Magdirila, 2020 U.S. App. LEXIS 19477 (9th Cir. June 23, 2020). The community caretaking function of police permitted … Continue reading

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E.D.N.C.: Police not required to leave car on property of another rather than impound it

The impoundment of defendant’s car on the property of another was reasonable. Officers were not required to wait for defendant to locate somebody to retrieve the car, and they didn’t have to leave it to inconvenience the property owner. United … Continue reading

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CA8: Lack of inventory record not error where criminal seizure occurred as a result

Defendant’s motorcycle was towed when he was stopped for fumbling as a novice rider without insurance or a motorcycle endorsement. He declined consent to search compartments on the bike, but the officer elected the tow under SOP of the Springfield … Continue reading

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E.D.Pa.: Holding def’s computer for 6 hrs to get SW after he revoked consent was reasonable

Defendant at first consented to the government holding and then searching his cell phone and laptop. The next day he revoked his consent on the computer. The government continued to hold the laptop to preserve evidence and got a search … Continue reading

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TX14: Vehicle coming back as “no record” in database check is RS for stop

The fact defendant’s vehicle came back as “no record” from the Texas law enforcement databases was reason for a stop as unlicensed. After the valid stop, defendant consented. Villarreal v. State, 2020 Tex. App. LEXIS 3180 (Tex. App. – Houston … Continue reading

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CA7: When PC for a SW is the issue, the affidavit is the sole thing to be reviewed on appeal, not the govt’s summary for district court

The government provided the district court a three page summary of the 17 page affidavit for search warrant. Defendant argues that the summary was more inculpatory than the affidavit itself. This is beyond the standard of review because it’s the … Continue reading

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VA: Purported inventory was clearly an investigative search and suppressed

The purported inventory here (shown on video) was an investigative search, and the officer made no effort to comply with the inventory policy, noting nothing and just rummaging around. The paperwork also showed it was “incident to arrest.” Inevitable discovery … Continue reading

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CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

Defendant’s admission he possessed marijuana in his car was within the normal incidents of the traffic stop, Therefore, the officer could extend the stop under Rodriguez. United States v. Lott, 2020 U.S. App. LEXIS 10237 (6th Cir. Apr. 1, 2020). … Continue reading

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PA: No right to leave vehicle parked on another’s property to avoid inventory

Defendant showed standing by showing that he bought the car he was driving and put it in his sister’s name, and he was the only person who drove it. The inventory was proper because there was no right to leave … Continue reading

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CA6 subsumes PC into the GFE, reading it out of the 4A

“Govea’s brief stop at his home—immediately before driving to the scene of a controlled buy and immediately after driving to his home from the home of the seller in the controlled buy, with the seller as a passenger—connected the drug … Continue reading

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OH5: Search was valid as inventory and AE

The vehicle search was valid as an inventory. When a weapon was found in the console, it was valid under the automobile exception. State v. Fawcett, 2020-Ohio-1004, 2020 Ohio App. LEXIS 925 (5th Dist. Mar. 12, 2020). The county’s insurance … Continue reading

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OH2: On inventory of car owned by another, the police have no duty to call the owner

This inventory for driving another’s car without a license was reasonable. It followed policy, and there was no duty to call the owner to retrieve it to avoid the inventory. State v. Allen, 2020-Ohio-947, 2020 Ohio App. LEXIS 868 (2d … Continue reading

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OR: Mere passenger in vehicle can remove personal belongings before inventory

A passenger in a vehicle to be inventoried after a stop is entitled to notice to retrieve her personal belongings before it happens. Only this is consistent with the purpose of the inventory requirement. Other states are in accord, and … Continue reading

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