Post details: D.Minn.: Inventory was invalid in kidnaping case as a criminal search
07/27/12
D.Minn.: Inventory was invalid in kidnaping case as a criminal search
There was probable cause to arrest defendant for kidnaping, and he doesn’t dispute it. The inventory of his vehicle [why was it not searchable with PC?], however, was invalid because the search was for criminal evidence, like hair follicles, not for high value items. United States v. Caskey, 2012 U.S. Dist. LEXIS 103026 (D. Minn. July 25, 2012):
In contrast, because the Court finds that the United States has not met its burden of establishing that Officer Bobo conducted the search in accordance with standard police procedures, it finds that the items seized inside the truck are inadmissible. When describing the items that officers could seize pursuant to department policy, Officer Bobo did not define the term "high value items." The Court finds that some of the items seized by Officer Bobo – including receipts, hair follicles, and fingerprints – are not "high value items" within the plain meaning of that term. While it is possible that other items seized by Officer Bobo – such as the camera or women's clothing – might qualify as "high value items" pursuant to department policy, the Court cannot make this determination without further information about the policy.6
6. Furthermore, the NPBD policy may be unconstitutional if it allows investigation into items of "value" only to the police. "[P]olice 'may keep their eyes open for potentially incriminating items that they might discover in the course of an inventory search, as long as their sole purpose is not to investigate a crime,'" United States v. Petty, 367 F.3d 1009, 1013 (8th Cir. 2004) (quoting United States v. Marshall, 986 F.2d 1171, 1176 (8th Cir. 1993)), and "the coexistence of investigatory ... motives will not invalidate the search." United States v. Wallace, 102 F.3d 346, 348 (8th Cir. 1996) (internal quotation marks omitted). However, inventory search policies must relate to the purpose of inventory searches, Best, 135 F.3d at 1225, and an officer's discretion cannot be exercised for the "sole purpose" of investigating a crime, Hall, 497 F.3d at 851.
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