Category Archives: Inventory

MI: If the arrest is invalid, the inventory that follows it is invalid

If the arrest is invalid, the inventory that follows it is invalid. People v. Wood, 2017 Mich. App. LEXIS 1482 (Sept. 19, 2017). Defendant’s admission he had open containers in the vehicle justified a search for them, and, after they … Continue reading

Posted in Arrest or entry on arrest, Inventory | Comments Off

CA4: Inventory policy’s failure to mention dealing with closed containers doesn’t make it unreasonable

The inventory policy sufficiently curtailed the officer’s discretion to be constitutional. It did not mention closed containers but that doesn’t make it unconstitutional. The officer’s search of a laptop case was reasonable even though the officer didn’t log everything that … Continue reading

Posted in § 1983 / Bivens, Inventory | Comments Off

N.D.Tex.: Def was arrested in a prostitution sting and his car was on a parking lot; govt fails to show impoundment proper

Defendant was arrested in a prostitution sting, and his car was impounded and searched. The court suppresses the search under the community caretaking function for not following the rules of the department. The government has the burden on a warrantless … Continue reading

Posted in Inventory, Seizure | Comments Off

N.D.Iowa: Less intrusive measures to impoundment are not constitutionally required

The discretionary decision to impound defendant’s RV was reasonable under the Fourth Amendment. The officer’s primary concern was arresting the driver for an outstanding warrant, not searching the vehicle. It would have been left on a rural road and posed … Continue reading

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IL: 911 call about a beating in a house supported emergency entry and plain view; without record of suppression hearing, trial testimony can be used on appeal

911 was called because defendant had just beaten an alleged prostitute and people heard glass breaking and her yelling for help. Defendant admitted beating her. He failed to include a copy of the record of the suppression hearing in his … Continue reading

Posted in Emergency / exigency, Inventory | Comments Off

D.Nev.: Inventory invalid for not sufficiently complying with policy; bodycam video relied upon

The inventory is invalid for not coming close to complying with the LVMPD inventory policy. The lack of a written itemization and the body camera video shows it was not a valid inventory. Also, the passenger was a good friend … Continue reading

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IA: Passenger in a car being impounded should have been permitted to keep her purse and not leave it in car

Defendant was a passenger in a car stopped for expired tags. She should have been allowed to keep her purse when she got out of the car. Instead, she was told to leave it in the car, and then it … Continue reading

Posted in Apparent authority, Consent, Inventory | Comments Off

Cal.1: Inventory of duffle bag at booking was reasonable

Defendant refused to leave a 24 hour restaurant after being asked several times, and the police were called. Finally, defendant was arrested and taken into custody. His duffle bag was inventoried at the police station and a .38 revolver and … Continue reading

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WI: Community caretaking function can support impoundment and inventory despite lack of standardized procedures

Defendant matched the description of a man wanted for robbery and a probation violation. He was found on the property of a storage unit company. After his arrest, his vehicle was parked between two rows of buildings, blocking one unit … Continue reading

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IA: Unnecessary to seek out somebody else not at scene to retrieve car when driver and only passenger arrested

The state showed the impoundment policy was standardized and complied with. It wasn’t necessary at the time to seek out somebody else to retrieve the car from the roadside when both the driver and passenger were arrested. State v. Tronca, … Continue reading

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