Category Archives: Inventory

OR: The fact there is some officer discretion in conducting an inventory doesn’t make it violate 4A

The Salem inventory policy requires inventory of closed containers that might have something valuable in them. In defendant’s backpack was a nylon case which the officer believed might contain a computer harddrive or a computer gaming device. The inventory was … Continue reading

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IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

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IN: Officer didn’t follow inventory policy and made this a criminal search; suppressed

The inventory in this case “deviated greatly” from the impoundment policy. When a gun was found, it turned into a criminal investigation and the officer ignored the inventory. No inventory was made. Sansbury v. State, 2017 Ind. App. LEXIS 804 … Continue reading

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D.N.M.: Govt’s rationale for impoundment failed: car was in a safe residential neighborhood in front of a friend’s house who said he’d watch it

Defendant was buying the car searched from his sister, although it was still in her name and registered to her. He had standing to challenge its search. The government’s rationale for impoundment was community caretaking, but the car was parked … Continue reading

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D.Colo.: Officer’s near complete failure to follow inventory policy showed it was an investigative search

The inventory of defendant’s car was clearly an investigative search, and the lack of any paper inventory and the body camera video prove it. Defendant’s cell phone wasn’t logged in, the officer said, because it was taken into the station … Continue reading

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Cal.6th: Inventory wouldn’t permit removal of dashboard, but finding drugs during inventory turned into probable cause for a search

Defendant’s car had cocaine hidden in a compartment behind the dashboard. Normally, an inventory search would not permit removal of car parts to conduct it. Here, however, the officer found cocaine under the seat during the inventory, and that was … Continue reading

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NM: Backpack on def when he was arrested was subject to inventory even though he was separated from it when searched

Defendant’s backpack was on him when arrested, and it was still subject to police inventory for all the policies of inventory. State v. Davis, 2017 N.M. LEXIS 86 (Nov. 9, 2017), revg, 2016-NMCA-073, 387 P.3d 274 (posted here):

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OH3: Search incident under Gant isn’t automatic in a DUI arrest; more indicators required

OVI (DUI) is not an offense where there is per se evidence to be found in the vehicle by search incident under Gant (or the automobile exception). Something more than just the offense is required to use the stop to … Continue reading

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D.Nev.: PC for automobile exception continues into impoundment

Probable cause for a vehicle search under the automobile exception continues into impoundment for later inventory even though the vehicle is immobilized by where it is. Also, permission from the owner gives the driver of a car standing. United States … Continue reading

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M.D.Tenn.: 6 day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that PC dissipated

A six day delay in installing a court ordered tracking device wasn’t unreasonable without a showing that the probable cause dissipated in the meantime, and defendant didn’t. United States v. Thirkill, 2017 U.S. Dist. LEXIS 166131 (M.D. Tenn. Oct. 5, … Continue reading

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MA: Inventory was not shown to be pretextual and was within policy

The suppression hearing judge found the officer credible on the question of whether the inventory was pretextual and concluded it was not. As a credibility determination, it can’t be reversed on appeal. The inventory was otherwise reasonable. Commonwealth v. Ehiabhi, … Continue reading

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NM: Vehicle impoundment does not entirely depend upon there being an arrest of the driver; community caretaking function can justify it

An impoundment does not entirely depend upon there being an arrest of the driver. Usually, it does, but it certainly can if impoundment is required under the community caretaking function for some other reason. Here, defendant was taken to the … Continue reading

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