CA7: Failure to make a detailed inventory not a Fourth Amendment violation

The impoundment of the car in this case was reasonable because the passenger/owner of the car was unlicensed and unable to drive or readily find an alternative. Failure to make a complete record of everything in the car is not a Fourth Amendment violation. United States v. Cartwright, 630 F.3d 610 (7th Cir. 2010):

Finally, Cartwright argues that Barleston did not conduct the inventory search properly, failing to make a complete list of the property he found in Golliday’s car. While Cartwright correctly points out that IMPD policy required Barleston to make such a list, Barleston’s failure to do so does not undermine the proposition that the police would inevitably have found the gun through a lawful inventory search. In determining whether the inevitable discovery doctrine applies, the court considers a hypothetical situation. Of course, by the time Barleston conducted the actual inventory search here, the gun had already been seized, and Cartwright was already under arrest. But the district court found, based on the evidence and the IMPD policy, that an inventory search would have been conducted and that the gun would have been found pursuant to such a search. The evidence supports that conclusion. In any event, we have held that minor deviations from department policy do not render an inventory search unreasonable. See United States v. Lomeli, 76 F.3d 146, 148-49 (7th Cir. 1996).

Defendant was not asked for consent but a third party consenter was. Without an express refusal by defendant, Randolph does not apply. United States v. Smith, 2010 U.S. Dist. LEXIS 136669 (E.D. Tenn. November 23, 2010), adopted 2010 U.S. Dist. LEXIS 136709 (E.D. Tenn. December 27, 2010).*

The officer’s assertion at the time of arrest that defendant was being arrested for having a Mexican driver’s license, which was a mistake of law, does not defeat the arrest because the officer also had PC to believe that the defendant was involved in drug trafficking. United States v. Baldenegro-Valdez, 2010 U.S. Dist. LEXIS 136881 (W.D. Mo. November 10, 2010).*