{"id":54462,"date":"2023-03-08T11:24:09","date_gmt":"2023-03-08T16:24:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54462"},"modified":"2023-03-08T16:55:25","modified_gmt":"2023-03-08T21:55:25","slug":"ca10-where-someone-was-summoned-to-take-defs-car-from-scene-of-stop-inventory-of-backpack-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54462","title":{"rendered":"CA10: Where someone was summoned to take def’s car from scene of stop, inventory of backpack was unreasonable"},"content":{"rendered":"\n

The search incident of defendant\u2019s backpack was unreasonable. The government relies instead on inevitable discovery that the backpack would have been inventoried. Here, however, a friend of defendant summoned to the scene could have taken the backpack, so the government fails in showing the community caretaking function would apply. United States v. Braxton<\/a>, 2023 U.S. App. LEXIS 5379 (10th Cir. Mar. 7, 2023).<\/p>\n\n\n\n

Even if the search of his house violated the Fourth Amendment, it was harmless. \u201cAlso, Hampton does not challenge the sufficiency of the evidence to convict him. The evidence of Hampton’s guilt, independent of the evidence found in his house, not only was sufficient but was overwhelming.\u201d State v. Hampton, 2023 Mo. App. LEXIS 141 (Mar. 7, 2023).*<\/p>\n\n\n\n

The vehicle search here couldn\u2019t be justified either as inventory or search incident because of the timing. On the totality, however, it was harmless error considering all the other evidence in the case. United States v. Durham, 2023 U.S. App. LEXIS 5305 (5th Cir. Mar. 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The search incident of defendant\u2019s backpack was unreasonable. The government relies instead on inevitable discovery that the backpack would have been inventoried. Here, however, a friend of defendant summoned to the scene could have taken the backpack, so the government … Continue reading →<\/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":[68,39],"tags":[],"class_list":["post-54462","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-inventory"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54462","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=54462"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54462\/revisions"}],"predecessor-version":[{"id":54464,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54462\/revisions\/54464"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54462"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}