Category Archives: Inventory

CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless

Impeaching defendant’s trial testimony about the search of his property using his proffer agreement was prejudicial, but it was harmless on this record. They could have cross-examined without it. United States v. Grogan, 2025 U.S. App. LEXIS 2354 (6th Cir. … Continue reading

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ID: State completely failed to support justification for inventory

“The record is devoid of evidence to support the conclusion that Detective Uhrig’s decision to impound Smith’s car was reasonable under the circumstances.” The inventory depending on the legality of the impoundment. Reversed. State v. Smith, 2025 Ida. LEXIS 8 … Continue reading

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E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

Putting defendant’s cell phone into airplane mode wasn’t a search. The name “Red” was seen on the screen. There was independent probable cause for the cell phone warrant. United States v. Hudson, 2025 U.S. Dist. LEXIS 14952 (E.D. Mo. Jan. … Continue reading

Posted in Cell phones, Independent source, Inventory, Plain view, feel, smell, Search | Comments Off on E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

NY Queens: Stop based solely on car description wasn’t with RS

Defendant’s vehicle was stopped solely because of its make and color with no other justification, and thus lacking reasonable suspicion. People v. Mitchell, 2025 NYLJ LEXIS 261 (Queens Co. Jan. 22, 2025).* The use of force here on a food … Continue reading

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NY3: Inventory didn’t comply with dept. policy and there was no full inventory

Defendant’s traffic stop was valid, but the state failed to show the impoundment complied with departmental policies. There was no evidence the vehicle was unsecured or unsafe if left at the scene. The inventory search failed to follow departmental procedures … Continue reading

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E.D.Tenn.: The alleged illegality of the later arrest doesn’t undo def’s abandonment in flight

Defendant fled, he said, in fear of his life, not knowing that it was the police. He abandoned property in flight. The fact the later arrest might turn out to be invalid doesn’t undo the abandonment. United States v. Ross, … Continue reading

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CA2: Mental health seizure for danger to self or others requires PC and exigency

“[A] ‘warrantless seizure for the purpose of involuntary hospitalization may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is dangerous to [him]self or to others.” Singh v. City … Continue reading

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MA: SW for “controlled substances” without specifying anything in particular was overbroad

Search warrant for “controlled substances” without specifying anything in particular, including what the controlled buy allegedly was, was overbroad. In addition, the warrant wasn’t present at the search, so it can’t help limit the search [which seems kind of a … Continue reading

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PA: State failed in its burden of proof on inventory policy

The state failed to put on proof of the impoundment and inventory policy, so the trial court erred in finding it was reasonable. Commonwealth v. Brinson, 2024 PA Super 293, 2024 Pa. Super. LEXIS 536 (Dec. 9, 2024). Defendant’s car … Continue reading

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OH1: Smoking MJ in public and jaywalking was RS for a patdown

“Mr. King challenges the foundation for the Terry stop, emphasizing that smoking marijuana in public and jaywalking are not arrestable offenses. True enough, but officers can issue tickets for both offenses. Cincinnati Mun.Code § 506-46 and 512-1; R.C. 3780.99(B). And … Continue reading

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N.D.Iowa: DUI stop justifies search for open containers

Defendant’s DUI stop justified a search for open containers, and a firearm was validly found. United States v. Stuckey, 2024 U.S. Dist. LEXIS 207801 (N.D. Iowa Nov. 15, 2024). Defendant moved to suppress a cell phone warrant at the border … Continue reading

Posted in Automobile exception, Burden of pleading, Informant hearsay, Inventory, Standing | Comments Off on N.D.Iowa: DUI stop justifies search for open containers

FL2: Search incident of lockbox in a backpack removed from def at time of arrest unreasonable

A lockbox in a backpack removed from defendant’s person when he was arrested was not subject to search incident. The state relied on Gant, but it applies to vehicles. Rivera v. State, 2024 Fla. App. LEXIS 8647 (Fla. 2d DCA … Continue reading

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OR: Backpack’s inventory on admission to treatment facility was reasonable

Police could inventory defendant’s backpack when he was picked up and transported to a treatment facility. Inventory was provided for by local ordinance. The same policies apply to inventory even if defendant isn’t in jail. State v. Wilcox, 335 Or … Continue reading

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IA: When there’s PC and the automobile exception, inventory irrelevant

There was probable cause for search of the car under the automobile exception so the impoundment and inventory are irrelevant. State v. Baylor, 2024 Iowa App. LEXIS 740 (Oct. 16, 2024).* Defendant’s car was parked with lights on at night … Continue reading

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OH: Negligent disposal of def’s car in impound while he was in jail wasn’t done in bad faith

Police searched defendant’s car at the impound lot, and he was sent certified mail to tell him to pick it up or it would be disposed of. They mailed it to his house while he was in jail so he … Continue reading

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OH2: Arrest clothes in jail storage can be searched without a warrant

Under established authority from 1993 in this court, defendant’s clothes from his arrest in storage at the jail can be tested for evidence without a warrant. State v. Wells, 2024-Ohio-4813 (2d Dist. Oct. 4, 2024). Defendant pled guilty and only … Continue reading

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D.Minn.: A cell phone tracking order was permitted where there was an arrest warrant for defendant

“Despite a dearth of binding precedent, this Court is satisfied that the existence of an active arrest warrant provides a sufficient basis for a magistrate judge to find probable cause to issue a tracking warrant allowing law enforcement to monitor … Continue reading

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CA9: Inventory of backpack of just released suspect was still reasonable

Defendant was arrested on suspicion of murder, and his backpack was put in the police car. His backpack was briefly searched and nothing was found. He was released after questioning, but his backpack was subjected to a later inventory which … Continue reading

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TX7: Failure to follow inventory procedures at all required suppression

The inventory policy here wasn’t followed to remove valuables and let defendant keep them. Instead it appears to be a criminal evidentiary search and stopped when finding a gun and running the serial number and asking if defendant was a … Continue reading

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TX2: Overnight guest staying with a registered hotel guest has standing over the room

“[A]n overnight guest of a registered hotel guest shares the registered guest’s reasonable expectation of privacy in the hotel room and thus has standing to contest the search.” Fitzgerald v. State, 2024 Tex. App. LEXIS 6161 n.11 (Tex. App. — … Continue reading

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