D.Alaska: Valid inventory can create PC for further search

Defendant’s arrest for driving 99 mph captured on video and being lethargic when detained. He was arrested for reckless driving and driving on a revoked license. The impoundment was conducted under Alaska State Trooper regulations and was valid. The finding of a gun gave probable cause for further search of the vehicle beyond mere inventory. United States v. Greenwood, 2010 U.S. Dist. LEXIS 129867 (D. Alaska December 7, 2010).*

Defense counsel was not ineffective for not predicting Randolph, if it even applied. The court could not tell from the motion to suppress and the supporting papers whether defendant was present or not at the time of the search to object to it. His wife consented, and “Defendant’s primary strategy at trial was to show that he was set up by his wife.” United States v. Blakley, 2010 U.S. Dist. LEXIS 130132 (E.D. Ky. November 8, 2010).*

Officers here collectively knew enough to make probable cause under the “collective knowledge” doctrine. And, the search of defendant’s car here was justified by the automobile exception. United States v. Nicksion, 628 F.3d 368 (7th Cir. 2010).*

Defendant consented to first a patdown during the traffic stop and then a minute later to a search of the vehicle, in writing, after a drug dog alerted to the vehicle. This was all on video. State v. Lopez, 2010 Tenn. Crim. App. LEXIS 1029 (December 6, 2010).*