{"id":5206,"date":"2011-07-17T07:25:24","date_gmt":"2011-02-18T12:15:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-18T12:15:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5206","title":{"rendered":"CA8: Police protocol justified towing and inventory of vehicle that would have been left on restaurant parking lot"},"content":{"rendered":"

Defendant was stopped in a restaurant parking lot and arrested. It was reasonable to tow his vehicle under protocol rather than just leave it, so the inventory was valid. Since the search was valid as an inventory, Gant was inapplicable. United States v. Frasher<\/a>, 632 F.3d 450 (8th Cir. 2011):<\/p>\n

The record supports the determination that the search of the vehicle was permissible as an inventory search. Frasher’s vehicle was parked in a restaurant parking lot, and there was no responsible person able to take immediate custody of the vehicle. Standard protocol was to tow Frasher’s vehicle. Fries arrived after Frasher’s arrest and did not know that Tilley had discussed a tow waiver with him. Fries offered to help with the search and the tow waiver to comply with the standard police procedures; he did not decide to tow the vehicle solely to search the vehicle for incriminating evidence. Even after Frasher called his father, Frasher had no right to a tow waiver, and Tilley could not grant the waiver without a supervisor’s approval. Tilley did not tell Fries about the tow waiver because he determined that he should have followed standard protocol. We conclude that the district court did not clearly err in adopting the magistrate judge’s finding that the search was conducted pursuant to standard police procedure and not for the sole purpose of investigation.<\/p><\/blockquote>\n

The immigration phase of the stop was over and consent was granted in ten seconds, and it was valid, despite the fact the officers suspected defendant was carrying drugs. United States v. Garcia<\/a>, 412 Fed. Appx. 693 (5th Cir. 2011) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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