Category Archives: Inventory

E.D.Mich.: Court doesn’t believe officer on inventory as a justification, but impoundment of the vehicle would have happened anyway

“Defendant David Arnold was arrested for and charged with possession of a firearm by a felon after the Detroit police found a stolen handgun in the glovebox of the car he was driving. The police stopped the car because the … Continue reading

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MA: Traffic stop “morphed” into arrest for no DL, inventory, then automobile exception

Driving on a suspended license is an offense for which (1) search incident is valid, and (2) the driver can’t continue and the vehicle would be impounded and subject to a proper inventory. In this case, the inventory was not … Continue reading

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OH1: State had burden to show inventory policy was followed and done in good faith

When the state relies on inventory to justify a search of a car, it has to put on proof that the inventory policy was followed and that it was done in good faith. State v. Beasley, 2019-Ohio-3936, 2019 Ohio App. … Continue reading

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WA grants automatic standing to a car thief but finds inventory of the car reasonable

“We are asked to answer two questions under article I, section 7 of our state constitution: first, whether defendants have standing to challenge the scope of a warrantless inventory search of a vehicle when that vehicle is stolen and, second, … Continue reading

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N.D.Fla.: No 4A requirement a car left in a parking lot on def’s arrest couldn’t be towed and inventoried

The driver of the vehicle was a serial violator of the state statute on driving on a suspended license. When he was caught this time, the vehicle was on a parking lot and the officer elected to have it towed, … Continue reading

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N.D.Okla.: Impoundment and inventory was non-pretextual and reasonable

The impoundment and inventory of defendant’s rented car was reasonable under all the circumstances at the time it happened, and it was factually justified and not pretextual. It would have been left in a high crime area on private property, … Continue reading

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CA9: Failure to list a cell phone on the inventory sheet doesn’t void its seizure

Defendant’s cell phone was seized from his car when it was impounded after a high speed chase. The fact it was omitted from the inventory sheet does not make its seizure unreasonable. It was ultimately searched with a search warrant. … Continue reading

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D.Mass.: Police had no affirmative duty to allow def to call for help to remove car to avoid inventory

Police had no duty to let defendant call somebody to come and get his car rather than it be inventoried. “But WPD’s policy and practice plainly do not dictate that officers affirmatively inquire about the availability of a third-party driver. … Continue reading

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OH2: Def taken to hospital for mental eval couldn’t have clothes inventoried by police because of lack of arrest

Defendant was detained and taken to a hospital for a mental evaluation. He was made to change into hospital clothing, and his clothes were placed in a hospital property bag. The police inventory of the bag wasn’t justified because defendant … Continue reading

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D.N.M.: Inventory didn’t follow sufficiently standardized procedures and was pretextual to search

The tow policy of the police department was discretionary (“may tow”) and defendant hadn’t yet been arrested when the decision was made to tow without giving options. Therefore, the government didn’t meet its burden that the decision to tow was … Continue reading

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CA11: Officer has discretion to let another take vehicle or impound it with inventory, and he can change his mind

Allowing defendant’s vehicle to be taken by another instead of impounding it was within the officer’s discretion. At first he said he would do that, then changed his mind. That doesn’t make the inventory unreasonable. United States v. Sibert, 2019 … Continue reading

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IN: Failure to prove dept’l inventory policy fatal to inventory search; officer calling search one thing but DA not arguing it is waiver

The state didn’t support the departmental inventory policy at trial, and that was error. Also, what the officer calls a search (here “search incident”) the prosecutor didn’t, and that argument was waived for appeal. Smith v. State, 2019 Ind. App. … Continue reading

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