{"id":49807,"date":"2021-09-29T05:44:03","date_gmt":"2021-09-29T10:44:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49807"},"modified":"2021-09-29T05:44:03","modified_gmt":"2021-09-29T10:44:03","slug":"ca10-inventory-was-reasonable-and-counsels-admission-at-oral-argument-was-binding","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49807","title":{"rendered":"CA10: Inventory was reasonable, and counsel&#8217;s admission at oral argument was binding"},"content":{"rendered":"\n<p>\u201cFor these reasons, we conclude that the officers had a reasonable, non-pretextual, community-caretaker rationale for impoundment: securing an uninsured vehicle on the side of a public road with inadequate taillights until a licensed driver with a legitimate connection to the vehicle could rectify those issues and drive the vehicle without endangering public safety. Accordingly, the impoundment was reasonable under the Fourth Amendment \u2026.\u201d Also, appellant\u2019s counsel\u2019s admission during oral argument the inventory was reasonable was binding. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010110583011.pdf\">United States v. Kendall,<\/a> 2021 U.S. App. LEXIS 29240 (10th Cir. Sept. 28, 2021).<\/p>\n\n\n\n<p>An erroneous alert on a NYS computer system that a car was stolen was still arguable probable cause for a stop. <a href=\"https:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/951b54df-43bb-42ab-a831-b5ebe45f9d1d\/5\/doc\/20-172_so.pdf#xml=https:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/951b54df-43bb-42ab-a831-b5ebe45f9d1d\/5\/hilite\/\">Pierre v. City of New York<\/a>, 2021 U.S. App. LEXIS 29232 (2d Cir. Sept. 28, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cFor these reasons, we conclude that the officers had a reasonable, non-pretextual, community-caretaker rationale for impoundment: securing an uninsured vehicle on the side of a public road with inadequate taillights until a licensed driver with a legitimate connection to the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49807\">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":[39,63],"tags":[],"class_list":["post-49807","post","type-post","status-publish","format-standard","hentry","category-inventory","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49807","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=49807"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49807\/revisions"}],"predecessor-version":[{"id":49808,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49807\/revisions\/49808"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49807"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}