{"id":2264,"date":"2008-08-31T20:16:03","date_gmt":"2008-07-16T07:57:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-16T07:57:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2264","title":{"rendered":"CA: Parole search of driver’s car could not include passenger’s purse"},"content":{"rendered":"

Passenger’s purse left in car could not be searched just because the driver of the car was on parole and the officer wanted to conduct a parole search of the car. Viewed as pre-consent to a search, it is limited to that which the parolee has apparent authority over, and he had no apparent authority over the passenger’s purse. People v. Baker<\/a>, 164 Cal. App. 4th 1152, 79 Cal. Rptr. 3d 858 (5th Dist. 2008).<\/p>\n

Inventory was not completely in accord with the law, but close is good enough. Jackson v. State<\/a>, 2008 Ind. App. LEXIS 1465 (July 11, 2008):<\/p>\n

In the end, we conclude that the inventory search of the car did not violate Jackson’s rights under the Fourth Amendment. The towing of the car was authorized by statute and by police policy, and the inventory of the vehicle was similarly authorized by established police policy. Although this policy was not thoroughly followed, this alone does not establish that the inventory was a pretext. Inventory searches are not always unreasonable when standard procedures are not followed. United States v. Mayfield<\/em>, 161 F.3d 1143, 1145 (8th Cir. 1998); see also Whren v. United States<\/em>, 517 U.S. 806, 816, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996) (“it is a long leap from the proposition that following regular procedures is some evidence of lack of pretext to the proposition that failure to follow regular procedures proves (or is an operational substitute for) pretext.”). Similarly, under Article 1, Section 11 of the Indiana Constitution, we conclude that the actions of the police in conducting the inventory, when viewed in light of the totality of the circumstances, were reasonable despite the failure to fully follow the police policy.<\/p><\/blockquote>\n

Comment:<\/em> Even when one loses in the Indiana Court of Appeals, the quality of their opinions is always such that at least one should think that it was a fairly determined result. This is far more than I can say about some other state courts, and this is based on reading all search and seizure cases decided in the U.S. over the last five and a half years.<\/p>\n","protected":false},"excerpt":{"rendered":"

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