E.D.Mich.: If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose

Defendant’s cell phone was seized from his car after a stop. If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose. A search warrant was sought for the cell phone. The affidavit for the warrant showed probable cause based on facts that members of the gang defendant was affiliated with used cell phones to arrange criminal activity, and they took photographs of the loot with cell phones. United States v. Perry, 2017 U.S. Dist. LEXIS 53510 (E.D. Mich. April 7, 2017).

The stop was for impeding traffic, and the defendant was ordered out of the vehicle. Then, defendant was grabbing for his waistband and then fled on seeing another officer arrived. The frisk was justified. During the frisk, his legs were clenched together and he intentionally fell to the ground, heightening the officers’ concern. United States v. Mitchell, 2017 U.S. Dist. LEXIS 52833 (M.D. La. April 5, 2017).*