Category Archives: Inventory

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

Posted in Automobile exception, Exclusionary rule, Inventory, Search incident | Comments Off on NC: Search incident doesn’t apply to hit-and-run; automobile exception didn’t apply to car partly submerged in ditch

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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MD: IAC Brady claim fails over search claim

Defense counsel’s failure to seek the IAD file on the officers at a suppression hearing wasn’t ineffective assistance of counsel. The searching officer had an alleged propensity to exaggerate and excessively strip search. Here, however, another officer was there to … Continue reading

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Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error

The government did not show in the affidavit for search authorization that text messages would logically be found on his cell phone corroborating a sex crime victim. Nevertheless, he wasn’t prejudiced by it. United States v. Geranen, 2023 CCA LEXIS … Continue reading

Posted in Cell phones, Informant hearsay, Inventory, Seizure, Staleness | Comments Off on Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error

D.C.Cir.: ‘“Let me see your waistband’–amounted to a show of authority.”

“Here, Officer Tejada initially approached Gamble and asked him a question: ‘Ain’t got no gun on you, man?’” ‘“Let me see your waistband’–amounted to a show of authority.” United States v. Gamble, 2023 U.S. App. LEXIS 19695 (D.C.Cir. Aug. 1, … Continue reading

Posted in Curtilage, Inventory, Reasonable suspicion, Seizure, Standing | Comments Off on D.C.Cir.: ‘“Let me see your waistband’–amounted to a show of authority.”

N.D.N.Y.: Escapee from BOP halfway house had no REP in apt. where he was found

Defendant was an escapee from a BOP halfway house, and he had no reasonable expectation of privacy where he was found. Also, he was subject to a search condition at the halfway house, and that’s not avoided by escape. United … Continue reading

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E.D.Tenn.: Suppression not remedy for violation of equal protection

Suppression of evidence is not the remedy for an equal protection violation, even if it were valid, which it’s not. United States v. Christie, 2023 U.S. Dist. LEXIS 129172 (E.D. Tenn. July 26, 2023). A fictitious license plate is reasonable … Continue reading

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NY Cortlandt Co.: Requirement of business records searches to take low income housing vouchers violates 4A

Acceptance of section 8 low income housing vouchers violates the Fourth Amendment because the landlord has to permit searches of business records to participate. Rental property is not a closely regulated industry, and 1981’s Sokolov v. Freeport controls. “Thus, by … Continue reading

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CA8: Discretion to have another retrieve vehicle doesn’t void inventory

“Even if we assume that Deputy Johnson had an investigatory motive, we still hold that the inventory search was reasonable. Indeed, after Deputy Johnson arrested Nielsen on an active felony-drug warrant, SCSD policy required Deputy Johnson to have Nielsen’s vehicle … Continue reading

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TX1: 911 call about a suspected kidnapping led to a stop found valid under Naverette

A 911 call about a suspected kidnapping led to a stop found valid under Naverette. Small v. State, 2023 Tex. App. LEXIS 4610 (Tex. App. – Houston (1st Dist.) June 29, 2023)* (unpublished) “These events establish probable cause, especially when … Continue reading

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W.D.Tenn.: Officers don’t have to corroborate CIs by doing controlled buys or traffic stops of the target

Law enforcement officers don’t have to corroborate CIs by doing controlled buys or traffic stops of the target. “However, in reviewing a search warrant for probable cause, a court is ‘to look holistically at what the affidavit does show, instead … Continue reading

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ID: Statutory admission of evidence in administrative proceeding is not a separation of powers issue

Admission or exclusion of evidence in an administrative proceeding over a driver’s license is not governed by the rules of evidence, but it does recognize constitutional limitations. That is not a separation of powers issue because it is within the … Continue reading

Posted in Administrative search, Automobile exception, Computer and cloud searches, Inventory, Reasonable suspicion | Comments Off on ID: Statutory admission of evidence in administrative proceeding is not a separation of powers issue

NJ: Computer return of car owner’s suspended DL justified stop, but it had to end when it was obvious driver was not owner

A police car computer that tells the officer the owner of a vehicle has a suspended license is reasonable suspicion for a stop, unless there is objective evidence the driver cannot be the owner. Here, it was obvious the driver … Continue reading

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CA2: Inventory policy here was attached to pleadings and sufficed

The vehicle inventory search was testified to be within ATF policy, which was attached to the pleadings, and it was. United States v. Brack, 2023 U.S. App. LEXIS 12197 (2d Cir. May 18, 2023). Officers observed two people making likely … Continue reading

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