{"id":39849,"date":"2019-09-24T00:00:00","date_gmt":"2019-09-24T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39849"},"modified":"2019-09-23T21:56:28","modified_gmt":"2019-09-24T02:56:28","slug":"ca9-when-defendant-is-being-detained-and-not-under-arrest-search-incident-doesnt-apply","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39849","title":{"rendered":"CA9: When defendant is being &#8220;detained&#8221; and not under arrest, search incident doesn&#8217;t apply"},"content":{"rendered":"<p>The inventory of defendant\u2019s vehicle violated LVMPD\u2019s limited inventory policy, and it is found unreasonable. The government\u2019s search incident alternative wasn\u2019t presented to the trial court. Even assuming it was not waived, this was during a \u201cdetention\u201d on less than probable cause and not an arrest. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2019\/09\/23\/17-10538.pdf\">United States v. Franco<\/a>, 2019 U.S. App. LEXIS 28709 (9th Cir. Sept. 23, 2019).<\/p>\n<p>The police had seen movement in defendant\u2019s house before the entry, and a protective sweep was factually justified. A search warrant for the house then the car followed. The search warrant for the car was clearly justified by probable cause because the house search didn\u2019t turn up what they were looking for, and the car was the next logical place. <a href=\"https:\/\/jud.ct.gov\/external\/supapp\/Cases\/AROap\/AP193\/193AP456.pdf\">State v. Cane<\/a>, 2019 Conn. App. LEXIS 353 (Sept. 24, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The inventory of defendant\u2019s vehicle violated LVMPD\u2019s limited inventory policy, and it is found unreasonable. The government\u2019s search incident alternative wasn\u2019t presented to the trial court. Even assuming it was not waived, this was during a \u201cdetention\u201d on less than &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=39849\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22,26],"tags":[],"class_list":["post-39849","post","type-post","status-publish","format-standard","hentry","category-protective-sweep","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39849","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=39849"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39849\/revisions"}],"predecessor-version":[{"id":39850,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39849\/revisions\/39850"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39849"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39849"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39849"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}