{"id":28948,"date":"2017-09-09T17:39:40","date_gmt":"2017-09-09T22:39:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28948"},"modified":"2017-09-16T17:41:11","modified_gmt":"2017-09-16T22:41:11","slug":"cal-1-state-failed-to-show-inventory-was-conducted-in-accord-with-policy-or-that-impoundment-was-even-justified","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=28948","title":{"rendered":"Cal.1: State failed to show inventory was conducted in accord with policy or that impoundment was even justified"},"content":{"rendered":"<p>The state failed to show that the inventory of defendant\u2019s car was undertaken in accord with police inventory policy. Under California law, the impoundment itself must be justified. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/A149049.PDF\">People v. Wallace<\/a>, 2017 Cal. App. LEXIS 775 (1st Dist. Sept. 7, 2017).<\/p>\n<p>Defendant was arrested for enticement of a minor, and his \u201csoon to be estranged wife\u201d went into their motel room and obtained his cell phones which she gave to the police. Considering the credibility of the witnesses, this was a private search. United States v. Rutherford, 2017 U.S. Dist. LEXIS 144556 (E.D. Tenn. Sept. 7, 2017).*<\/p>\n<p>When the government agrees to not use the challenged evidence, the motion to suppress is moot. United States v. Walls, 2017 U.S. Dist. LEXIS 142915 (W.D. Tex. Sept. 5, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state failed to show that the inventory of defendant\u2019s car was undertaken in accord with police inventory policy. Under California law, the impoundment itself must be justified. People v. Wallace, 2017 Cal. App. LEXIS 775 (1st Dist. Sept. 7, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=28948\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-28948","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28948","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28948"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28948\/revisions"}],"predecessor-version":[{"id":28949,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28948\/revisions\/28949"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28948"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28948"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28948"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}