{"id":4679,"date":"2011-01-11T16:11:47","date_gmt":"2010-09-19T09:57:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-19T09:57:03","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4679","title":{"rendered":"CA3: Inventory of shoebox in the trunk was valid"},"content":{"rendered":"

Defendant was stopped for a traffic offense, and he had no documentation for the vehicle, and it was unregistered. The officer called for a tow and conducted an inventory. The inventory was valid under a PPD policy under Bertine<\/a> and Wells<\/a>, including opening a shoebox which was full of cocaine. United States v. Mundy<\/a>, 621 F.3d 283 (3d Cir. 2010):<\/p>\n

Mundy contends that, because the PPD Live Stop Policy does not specifically mention the opening of closed containers, officers may not search closed containers found during a vehicle inventory search. We disagree. Inventory searches are not \u201ctotally mechanical\u201d procedures. Wells<\/a>, 495 U.S. at 4. Standardized criteria or routine may adequately regulate the opening of closed containers discovered during inventory searches without using the words \u201cclosed container\u201d or other equivalent terms. We decline to create a rule of constitutional dimension that requires an inventory search protocol to predict every conceivable scenario an officer may happen upon while conducting an inventory search, and to provide a formulaic directive for each and every one. Such a requirement would not only prove unworkable, but would run contrary to the letter and spirit of Bertine<\/a> and Wells<\/a>. See United States v. Andrews, 22 F.3d 1328, 1336 (5th Cir. 1994) (upholding inventory search involving an officer\u2019s reading of incriminating evidence inside a notebook recovered pursuant to an inventory search, reasoning that neither Bertine<\/a> nor Wells<\/a> \u201crequires a law enforcement agency\u2019s inventory policy to address specifically the steps that an officer should take upon encountering a closed container\u201d).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4679","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4679","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4679"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4679\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4679"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4679"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4679"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}