Category Archives: Inventory

UT: Photographing items for inventory rather than listing them is reasonable

Photographing the things seen in the inventory rather than listing them all is reasonable. Here, defendant also mounted a “vigorous” defense to the validity of the inventory in other respects, but they all fail. His backpack was searched in the … Continue reading

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IA adopts tighter inventory search standard under state const. and rejects SCOTUS cases

Iowa declines to follow SCOTUS cases on the Fourth Amendment in determining validity of inventory searches under the state constitution. The asserted justifications for inventory under the Fourth Amendment hold no weight on closer examination, and vehicle owners should get … Continue reading

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M.D.Ga.: Standardized procedure for inventory not shown, and it is suppressed

The government failed to prove a standardized inventory procedure in the local police department. And, the inventory appeared to be an investigative search, not a legitimate inventory, so it is suppressed. United States v. Dennis, 2018 U.S. Dist. LEXIS 99472 … Continue reading

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CA9: Search of car could not be sustained as inventory since there was an admitted-evidence gathering motive

The inventory here was to conduct a criminal search of the car, and it is suppressed. Officers timed the arrest when defendant was in the car [allegedly] to minimize safety concerns. They admittedly were searching for criminal evidence, and not … Continue reading

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E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery

Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading

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CO: Def was ticketed, but car was impounded without reasonable justification; suppressed

Defendant was issued a citation for a traffic offense, and then the officers decided to impound his car. There was no justification for the impoundment, and the search of the vehicle is suppressed. People v. Brown, 2018 CO 27, 2018 … Continue reading

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TX1: Search incident and inventory invalid for failing to signal; as to inventory, the inventorying officer is a necessary witness

A drug officer called a patrol officer to stop defendant. After he failed to promptly signal a turn, he was stopped, handcuffed, and his car was searched. “The search of Appellant’s vehicle incident to his arrest for failing to signal … Continue reading

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D.Me.: SW didn’t authorize search of visitor’s cars arriving after search started

The search warrant in this case did not authorize a search of a vehicle that arrived at the premises during the search. There was, however, independent probable cause for a search of the vehicle under the automobile exception. United States … Continue reading

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S.D.Fla.: Former lawyer could not sue Disciplinary Counsel in bankruptcy after already losing in another similar case

Plaintiff is a former lawyer who sued the Pennsylvania Office of Disciplinary Counsel alleging Fourth Amendment violations from seizure of his office files. After losing that case, he attempted to relitigate the same issue through bankruptcy court. He is collateral … Continue reading

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NJ: Def was interrogated in DA’s office; inventory of her purse after lawyering up was unreasonable

Defendant was detained and being interviewed at the local DA’s office. She’d rummaged in her purse without restriction, and it was open on the table. She looked at her cell phone for the time and commented that she had to … Continue reading

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VI: Govt couldn’t rely on inventory to justify search when the vehicle wasn’t impounded

Officer’s knowledge that defendant possessed a firearm was not reasonable suspicion in itself because one could possess a firearm in the VI, albeit with a license. When officers observed bullet holes in the car and defendant was nervous and evasive, … Continue reading

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D.Nev.: UPS employee conducted private search and allowing police to photograph contents did exceed private search

A UPS employee suspected contraband in a package shipped from Las Vegas to Florida, and a supervisor then opened. While it was open, police came and photographed it, and this did not exceed the private search. United States v. Washington, … Continue reading

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