D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence

The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024).

Sometimes clients are their own worst enemy with social media. After a search of defendant’s house produced a relatively small quantity of marijuana and a gun, defendant posted on Snapchat that the police missed the bulk of his marijuana, with a photograph of a backpack. United States v. Roberson, 2024 U.S. App. LEXIS 11844 (6th Cir. May 14, 2024).*

The affidavit for warrant showed a substantial basis for believing evidence subject to seizure would be found. “That the affidavit could have been written more clearly provides no basis for reversal. Cf. United States v. Zelaya-Veliz, 94 F.4th 321, 335-36 (4th Cir. 2024) (warning that courts should not rely on a ‘hypertechnical, rather than a commonsense, interpretation of the warrant affidavit’ (cleaned up)).” United States v. Darosa, 2024 U.S. App. LEXIS 11867 (4th Cir. May 16, 2024).*

This entry was posted in Consent, Exclusionary rule, Inventory, Probable cause, Reasonable expectation of privacy, Standards of review. Bookmark the permalink.

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