{"id":39052,"date":"2019-08-11T08:35:04","date_gmt":"2019-08-11T13:35:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39052"},"modified":"2019-08-11T08:35:04","modified_gmt":"2019-08-11T13:35:04","slug":"ca11-officer-has-discretion-to-let-another-take-vehicle-or-impound-it-with-inventory-and-he-can-change-his-mind","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39052","title":{"rendered":"CA11: Officer has discretion to let another take vehicle or impound it with inventory, and he can change his mind"},"content":{"rendered":"<p>Allowing defendant\u2019s vehicle to be taken by another instead of impounding it was within the officer\u2019s discretion. At first he said he would do that, then changed his mind. That doesn\u2019t make the inventory unreasonable. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201814113.pdf\">United States v. Sibert<\/a>, 2019 U.S. App. LEXIS 23686 (11th Cir. Aug. 8, 2019).*<\/p>\n<p>The search warrant for defendant\u2019s house and computers was issued with probable cause and was particular. Somebody had seen it. United States v. Chiu, 2019 U.S. Dist. LEXIS 133180 (D. Mass. Aug. 8, 2019).*<\/p>\n<p>Past reliability of the CI with corroboration was probable cause here. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0414n-06.pdf\">United States v. Keeling<\/a>, 2019 U.S. App. LEXIS 23677 (6th Cir. Aug. 8, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Allowing defendant\u2019s vehicle to be taken by another instead of impounding it was within the officer\u2019s discretion. At first he said he would do that, then changed his mind. That doesn\u2019t make the inventory unreasonable. United States v. Sibert, 2019 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39052\">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":[44,39],"tags":[],"class_list":["post-39052","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-inventory"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39052","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=39052"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39052\/revisions"}],"predecessor-version":[{"id":39053,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39052\/revisions\/39053"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39052"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39052"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39052"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}