Utah follows Edwards for first time and allows inventory on book-in and impoundment of a car

Utah follows United States v. Edwards (1974) for the first time and allows inventory on book-in and impoundment of a car. The court found this case paralleled Edwards. Defendant sought to have his personal belongings picked up by an acquaintance and the police refused. Even the second look by the police was valid. State v. Messer, 2007 UT App 166, 164 P.3d 421, 578 Utah Adv. Rep. 49 (2007).*

Defendant’s vehicle was spotted by the police and they already had probable cause to search it once it was determined to be his. Entry into the vehicle was justified by the automobile exception even though the defendant was nowhere near. State v. Sanders, 15 Neb. App. 554, 733 N.W.2d 197 (2007).*

N.H. sustained sobriety checkpoints in the past, and the Attorney General adopted regulations for conducting them. Case law require “aggressive advance notice.” Here, a press release was issued and a legal notice was put in the paper the day before. “In light of that background media attention and the prevailing state of the law in other jurisdictions that have considered this issue, we hold that the timing and amount of advance notice in this case did not render the PPD checkpoints violative of Part I, Article 19 of the New Hampshire Constitution.” State v. Hunt, 155 N.H. 465, 924 A.2d 424 (2007).*

Defendant claimed that officers intended to stop every person leaving a particular bar, but the question was whether there was reasonable suspicion as to this defendant. Crediting the officer’s testimony, there was because he was staggering to the car. State v. Jones, 2007 Tenn. Crim. App. LEXIS 406 (May 24, 2007).*

After a traffic stop, reasonable suspicion just kept evolving. Negrette v. State, 2007 WY 88, 158 P.3d 679 (2007):

[*P15] The totality of the circumstances showed: the license plate on the pickup was not on file; the registration had been altered; the license plate number did not match the registration; the occupants of the pickup had traveled from Illinois to Oregon for a two day visit; Mr. Negrete did not know the names of the people he had just visited in Oregon; Mr. Negrete said he had borrowed the pickup from a friend named Gilbert Mendoza but the proof of insurance card showed the owner as Gilberto Maldonado; the VIN was a duplicate; Mr. Negrete seemed to change the subject whenever Deputy Hodge brought up a subject that made him uncomfortable; Mr. Negrete appeared nervous when he could not remember the names of the people he had just visited; and Deputy Hodge was unable to verify that the license plates belonged on the pickup.