GA: Failure to prove inventory policy made it unreasonable; “pursuant to impoundment” not good enough

The inventory search here was unreasonable under the Fourth Amendment because of a lack of evidence of police policy. The officers simply testified that their searches of the wrecker, van, and its contents were inventory searches pursuant to the impoundment. Capellan v. State, 729 S.E.2d 602 (Ga. App. 2012).

Defendant’s consent to a search of her blood for BAC mooted application of the implied consent statute. McMullen v. State, 316 Ga. App. 684, 730 S.E.2d 151 (2012).*

Officers received a report of a reckless driver, and defendant was seen weaving 20 mph under the speed limit. He was stopped and was found under the influence. After the suppression hearing, he raised invalid inventory, but that was after the evidence closed and the trial court wouldn’t hear it. He reraised it in a motion for new trial and it was denied on the merits, and the record supports it. State v. Harvey, 2012 Tenn. Crim. App. LEXIS 486 (June 22, 2011).*