Category Archives: Inventory

CA10: Towing def’s car rather than leaving where it was wasn’t shown to be justified

Defendant’s car on his arrest would have been left on a motel parking lot, and the government didn’t show that this was a reasonable choice. Impoundment was thus unnecessary for community caretaking, and the denial of the motion to suppress … Continue reading

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IA: Officer’s complying with 4A is not an element of the underlying crime for the jury

The officer’s complying with the Fourth Amendment in the stop and arrest is not an element of defendant’s crime [or any crime]. State v. Chivalan, 2021 Iowa App. LEXIS 381 (Apr. 28, 2021) [one can, in some cases, get an … Continue reading

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CA10: Def’s father’s consent to enter house was voluntary

Defendant’s father consented to officers’ entry into their house, so defendant’s Fourth Amendment rights were not violated. United States v. Guillen, 2021 U.S. App. LEXIS 12468 (10th Cir. Apr. 27, 2021). “While Artola putting his arm into Wheeler’s car may … Continue reading

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D.Vt.: Apt building parking lot not curtilage; def’s girlfriend was private searcher

Defendant’s vehicle was in an apartment building parking lot, and that’s not curtilage. There was also probable cause to search it and it was mobile. Defendant’s cell phone was privately seized from his vehicle and turned over to police by … Continue reading

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CA11: Tasing someone ignoring three commands to get on the ground was reasonable for QI purposes

“Measuring the facts of this case against the above factors, Deputy Ward acted reasonably when he used force against Duncan after she did not obey his orders to get on the ground. Even accepting as true that Duncan did not … Continue reading

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D.S.D.: Suppression or dismissal aren’t remedies for violation of Right to Financial Privacy Act

Grand jury subpoenas are a proper method of obtaining bank records under the Right to Financial Privacy Act enacted after Miller. Also, suppression and dismissal aren’t remedies under the Act. United States v. Lundahl, 2021 U.S. Dist. LEXIS 52211 (D.S.D. … Continue reading

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MI: Inventory policy doesn’t have to be written if it’s standardized

A written search inventory policy isn’t constitutionally required. “We hold that, in order to establish that an inventory search is reasonable, the prosecution must establish that an inventory-search policy existed, all police officers were required to follow the policy, the … Continue reading

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CA7: Showing up for a controlled buy justifies automobile exception search

A prior controlled buy with defendant showing up for another one justifies a vehicle search under the automobile exception. United States v. Smith, 2021 U.S. App. LEXIS 6166 (7th Cir. Mar. 3, 2021). The trial court credited the officer’s testimony … Continue reading

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D.N.M.: While the govt didn’t prove exigency, inventory exception applied

While there was some exigency, the government failed on its burden of proving exigency necessitated its action. Instead, the court finds inevitable discovery. United States v. O’Neil, 2021 U.S. Dist. LEXIS 35424 (D. N.M. Feb. 25, 2021):*

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CO: Impoundment of car legally parked in residential neighborhood unreasonable; no community caretaking need

Defendant was arrested, and his vehicle, lawfully parked in a residential neighborhood, was unreasonably impounded and towed. There was no community caretaking function need. People v. Thomas, 2021 COA 23, 2021 Colo. App. LEXIS 268 (Feb. 25, 2021). Syllabus by … Continue reading

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CA1: Dist.Ct. erred in suppressing inventory which followed SOP

Defendant was stopped for a lane violation, and it turned out he had no DL. He wasn’t arrested but the vehicle was impounded and searched incident to that, even though defendant would likely go with the tow truck driver to … Continue reading

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N.D.Ohio: Impoundment under SOP was reasonable even though owner was present

Impoundment of defendant’s vehicle was reasonable and under standardized procedure, even though he was present. “I conclude Directive 406.3/2.3.4 was a reasonable standardized procedure. The officers’ decision to enforce Directive 406.2/2.3.4 and impound the vehicle, even though the lawful owner … Continue reading

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MA: State bears the burden of showing there is no investigatory purpose for an inventory

The state of Massachusetts bears the burden of showing there is no investigatory purpose for an inventory. Commonwealth v. Lek, 2021 Mass. App. LEXIS 19 (Feb. 11, 2021):

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E.D.Cal.: Officer wasn’t required to wait around for alternative means to tow vehicle before impoundment

“It is true that defendant made multiple requests to contact AAA to tow his truck, and he eventually suggested arranging for his father or friends, who were purportedly nearby, to move his truck to avoid impoundment. There was no telling … Continue reading

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MD: 911 call led to plain view

911 was called by defendant’s mother about his possible cardiac arrest. When the officer arrived, defendant was alert and fine, and his drugs were in plain view. Their seizure was valid. Glanden v. State, 2021 Md. App. LEXIS 80 (Feb. … Continue reading

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CA6: With PC, car can be searched on impound lot

Officers had probable cause to search defendant’s car for a hidden gun while it was on the impound lot. The automobile exception or inventory applied, so no warrant was required. United States v. Nuyen, 2021 U.S. App. LEXIS 1608 (6th … Continue reading

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CA10: Gun seized during inventory called off could not be kept by police

Defendant’s car was stopped at the driveway he was pulling out of. The car was going to be impounded, but the actual owner came out and said that it was her car. The gun found during the inventory was hers, … Continue reading

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NE: State failed in its burden of proof on inventory; the defense has no duty to clear up confusion in the proof

The state carried the burden, and it failed to prove that the inventory of defendant’s vehicle followed standardized procedure or was reasonable. The defense had no burden to clear up any evidentiary confusion because the state had the burden. State … Continue reading

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CA3 notes inventory policy not in evidence supporting § 1983 judgment and affirms

In a Fourth Amendment § 1983 case tried to a jury, the claim of an unreasonable inventory search prevailed before the jury. Yet, there was no written policy put into evidence by the parties. Affirmed on this ground. Watley v. … Continue reading

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PA: On PCR, def has to call the third-party consenter as a witness to attempt to show lack of consent

On post-conviction review, defendant didn’t call as a witness the person who consented to the entry to testify that she did so involuntarily. Therefore, he failed in his burden of proof. Defendant was properly subjected to a DV arrest, even … Continue reading

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