{"id":8335,"date":"2013-07-31T09:19:57","date_gmt":"2013-02-08T07:42:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-08T07:42:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8335","title":{"rendered":"CA5: Inventory invalid because government failed to put policy in evidence at hearing"},"content":{"rendered":"<p>Defendant was arrested at a Mississippi casino on a warrant from Arizona for child pornography. He refused to consent to a search of his car, and the casino wanted it off their lot. The car was searched under somebody\u2019s impoundment policy, but the impoundment policy was never offered at the hearing. The court concludes that the inventory search was never justified by the government, and reverses. The district court conflated the valid seizure off the lot with the power to inventory, and that is incorrect. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/12\/12-60105.0.wpd.pdf\">United States v. Vernon<\/a>, 511 Fed. Appx. 318 (5th Cir. 2013).<\/p>\n<p>Defendant had a reasonable expectation of privacy in the apartment he rented with his girlfriend. He hid a gun outside in a common area, and he did not have a reasonable expectation of privacy there. United States v. Constant, 2013 U.S. Dist. LEXIS 15524 (D. Me. February 5, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8335\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-8335","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8335","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=8335"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8335\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8335"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8335"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8335"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}