E.D.Tex.: Driver’s arrest justified impoundment and inventory under dept’s policy

“In this case, Defendant, the driver and sole occupant of the vehicle, had been arrested. It was likely the vehicle would be unattended for an extended period of time. Per department policy, the arresting officers caused the vehicle to be impounded. They had both the right and the duty to protect that automobile and its contents. Id. at 1290. Even though the vehicle was legally parked, this would not render the seizure invalid. Franco v. Kluge, No. EP-13-CV-00313-FM, 2015 WL 1637688, at *10 (W.D. Tex. Apr. 13, 2015) (citing Staller, 616 F.2d at 1290).” United States v. Gray, 2019 U.S. Dist. LEXIS 83438 (E.D. Tex. May 17, 2019).*

In a 20 year old murder case, there was probable cause for obtaining defendant’s DNA from him in a Texas prison. State v. Hernandez, 2019 Tenn. Crim. App. LEXIS 310 (May 15, 2019).*

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