{"id":60201,"date":"2025-02-19T12:28:09","date_gmt":"2025-02-19T17:28:09","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60201"},"modified":"2025-02-19T12:28:09","modified_gmt":"2025-02-19T17:28:09","slug":"va-slight-diversion-from-inventory-didnt-show-it-to-be-pretextual","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60201","title":{"rendered":"VA: Slight diversion from inventory didn’t show it to be pretextual"},"content":{"rendered":"\n

The towing of defendant\u2019s car left on the interstate without a valid LPN was reasonable. The officers didn\u2019t have to permit him to find his own sources. The inventory was not proved to be pretextual. \u201cBut the departures from procedure on which Stamps relies fail to prove that the inventory search here was pretextual. True, Klepacz started his inventory search without actually writing anything down, searching the passenger compartment and the trunk for about ten minutes before Officer Cheatham appeared with the PD50-6 form. But Klepacz stated aloud the items that he found\u2014information that was contemporaneously recorded by his body camera. And when Officer Cheatham returned with the form, he wrote down the information as Klepacz dictated it to him.\u201d Stamps v. Commonwealth<\/a>, 2025 Va. App. LEXIS 97 (Feb. 18, 2025).<\/p>\n\n\n\n

The affidavit for warrant was not so devoid of facts that there wasn\u2019t probable cause or that the good faith exception should apply. \u201cThe court disagrees with Mulamba’s argument that this suspicious behavior does not factor into the probable cause determination.\u201d United States v. Milton, 2025 U.S. Dist. LEXIS 27782 (S.D. Ga. Jan. 23, 2025).*<\/p>\n\n\n\n

There was reasonable suspicion for defendant\u2019s stop, so defense counsel wasn\u2019t ineffective for not challenging it. State v. Burson, 2025-Ohio-499 (12th Dist. Feb. 18, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The towing of defendant\u2019s car left on the interstate without a valid LPN was reasonable. The officers didn\u2019t have to permit him to find his own sources. The inventory was not proved to be pretextual. \u201cBut the departures from procedure … Continue reading →<\/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":[11,23,39,86],"tags":[],"class_list":["post-60201","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-ineffective-assistance","category-inventory","category-pretext"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60201","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=60201"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60201\/revisions"}],"predecessor-version":[{"id":60202,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60201\/revisions\/60202"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60201"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}