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 v. Garcia, 2018 U.S. Dist. LEXIS 51406 (D. Me. Mar. 28, 2018).

The decision to tow a “motorcycle was made on the basis of safety,” and “the inventory search of the motorcycle was conducted pursuant to standardized police procedures and that it was not done in bad faith or for the sole purpose of investigation.” Thus, the officer “may keep his eyes open for potentially incriminating items that he might discover in the course of the inventory search. Officer Cooney’s discovery of a plastic bag containing a large amount of money of which defendant Nevatt denied any knowledge certainly appears potentially incriminating and warranted Officer Cooney’s call to Detective Miller.” United States v. Nevatt, 2018 U.S. Dist. LEXIS 51957 (W.D. Mo. Mar. 8, 2018).*