{"id":3233,"date":"2010-03-23T07:23:14","date_gmt":"2009-07-09T08:09:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-09T08:09:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3233","title":{"rendered":"W.D.Pa.: Discretion to inventory does not make it unreasonable"},"content":{"rendered":"

“[N]o court has engrafted an exigent circumstances requirement on the collective knowledge doctrine and to do so would make little sense.” United States v. McRae<\/a>, 336 Fed. Appx. 301 (4th Cir. 2009) (unpublished).<\/p>\n

Defendant who occasionally “crashed” in the basement of a friend’s place and disclaimed his connection to it lacked “standing.” United States v. Perry, 2009 U.S. Dist. LEXIS 56383 (M.D. Fla. July 6, 2009).*<\/p>\n

In the ongoing Copar Pumice mine administrative search case, the court holds that there was consent to the entry and initial search and summary judgment was denied because of a fact dispute on whether the consent was exceeded. Copar Pumice Co. v. Morris, 2009 U.S. Dist. LEXIS 56840 (D. N.M. July 6, 2009).*<\/p>\n

There is no Fourth Amendment claim against an employer using personnel files in a deposition when the employee sues. Roberts v. Mentzer, 2009 U.S. Dist. LEXIS 56358 (E.D. Pa. July 2, 2009).*<\/p>\n

Discretion whether to tow and inventory does not make it unreasonable if it is justified. United States v. Gilbert, 2009 U.S. Dist. LEXIS 56826 (W.D. Pa. July 2, 2009):<\/p>\n

While the officers who testified at the hearing all stated that they had no discretion in deciding whether to tow Defendant’s vehicle, assuming arguendo that the officers did in fact have such discretion, nothing in Opperman<\/a> or Ilinois v. Lafayette<\/a>, 462 U.S. 640, 103 S. Ct. 2605, 77 L. Ed. 2d 65 (1983), prohibits the exercise of police discretion so long as that discretion is exercised according to standard criteria and on the basis of something other than suspicion of evidence of criminal activity. The record is completely void of any evidence to show that the police chose to tow Defendant’s vehicle in order to investigate suspected criminal activity.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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