{"id":50671,"date":"2021-12-06T05:49:19","date_gmt":"2021-12-06T10:49:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50671"},"modified":"2021-12-06T09:48:37","modified_gmt":"2021-12-06T14:48:37","slug":"mi-inventory-was-reasonable-and-not-pretextual","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50671","title":{"rendered":"MI: Inventory was reasonable and not pretextual"},"content":{"rendered":"\n<p>Defense counsel wasn\u2019t ineffective for not challenging the inventory search of defendant\u2019s car because the inventory was reasonable. After the arrest of the occupants, the vehicle had to be towed, and the inventory was within policy and not a pretext for a criminal search. \u201cBy impounding defendant&#8217;s vehicle and conducting the inventory search the police were preventing the vehicle from being vandalized or stolen, protecting the property owners from having an abandoned vehicle in their parking lot, protecting defendant from having any valuables in her vehicle stolen, and protecting the police officers against claims of damaged, lost, or stolen property.\u201d <a href=\"https:\/\/www.courts.michigan.gov\/4ada41\/siteassets\/case-documents\/uploads\/opinions\/final\/coa\/20211202_c353914_42_353914.opn.pdf\">People v. Tyler<\/a>, 2021 Mich. App. LEXIS 6881 (Dec. 2, 2021) (2-1, <a href=\"https:\/\/www.courts.michigan.gov\/4ada41\/siteassets\/case-documents\/uploads\/opinions\/final\/coa\/20211202_c353914_43_353914d.opn.pdf\">dissent unpublished<\/a>: The inventory policy isn\u2019t in evidence, so the case should be remanded for a hearing on that. (Note: the dissent isn&#8217;t even on Lexis yet.))<\/p>\n\n\n\n<p>The law of hot pursuit of fleeing misdemeanants wasn\u2019t clearly established until Lange v. California in June 2021, so the officers get qualified immunity. Bailey v. Swindell, 2021 U.S. Dist. LEXIS 232244 (N.D.Fla. Dec. 4, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel wasn\u2019t ineffective for not challenging the inventory search of defendant\u2019s car because the inventory was reasonable. After the arrest of the occupants, the vehicle had to be towed, and the inventory was within policy and not a pretext &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50671\">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":[103,39,40],"tags":[],"class_list":["post-50671","post","type-post","status-publish","format-standard","hentry","category-hot-pursuit","category-inventory","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50671","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=50671"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50671\/revisions"}],"predecessor-version":[{"id":50674,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50671\/revisions\/50674"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50671"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50671"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50671"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}