CA4: Search of def’s backpack and finding gun was inevitable because it would have been inventoried in any event

“The evidence presented to the district court supported a finding that the firearm inevitably would have been discovered during an inventory search of the plastic bag. Officers Lucy and DiPentima testified that it was standard procedure to inventory an arrestee’s belongings before taking her to jail. The officers had probable cause to arrest Bracey and were preparing to arrest her.” United States v. Seay, 2019 U.S. App. LEXIS 35977 (4th Cir. Dec. 4, 2019).

Officers had a search warrant for plaintiff’s house for evidence of animal cruelty. They found his dog and it was healthy and there was food for it. Still, they searched the freezer because the warrant included dead animals, and amphetamine was found in a plastic bag. His Fourth Amendment § 1983 case is denied because there is no prior authority holding that the continuation of the search and circumstances like these was unreasonable. Thorp v. District of Columbia, 2019 U.S. App. LEXIS 35894 (D.C. Cir. Dec. 3, 2019).*

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