E.D.Wis.: Inventory was unreasonable where SOP didn’t mention inventory for overtinting and cash found wasn’t inventoried but was instead delivered to DEA

Even assuming that a tow and inventory is permissible for an illegal tint violation (comparing Atwater v. Lago Vista on trivial arrests not being unreasonable), the inventory police did not address such incidents and the inventory itself mentioned “backpack” without the $150,000 in it, which was turned over to the DEA and not inventoried at all. The inventory was unreasonable. There also was no probable cause for the search of the car. United States v. Clayton, 2022 U.S. Dist. LEXIS 12002 (E.D.Wis. Jan. 24, 2022).

“Although the affidavit supporting the warrant to search Arwood’s house was imperfectly drafted, it was not so lacking in indicia of probable cause as to preclude the application of the good faith exception. The affidavit connected Arwood, the place to be searched, and the alleged criminal activity and provided additional information establishing the confidential source’s reliability. … Reading the affidavit ‘hypertechnical[ly],’ it does not say when the CS saw methamphetamine in Arwood’s house, but we cannot undertake such a reading. … Applying a ‘realistic and commonsense approach,’ … it is reasonable to read ‘[w]ithin the last 48 hours’ as describing when the CS saw methamphetamine in Arwood’s house.” United States v. Arwood, 2022 U.S. App. LEXIS 2048 (11th Cir. Jan. 24, 2022).* [Actually, the affidavit wasn’t nearly as “imperfectly drafted” as all that. It wasn’t perfect, but few are.]

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