{"id":58822,"date":"2024-09-04T07:53:52","date_gmt":"2024-09-04T12:53:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58822"},"modified":"2024-09-04T07:53:52","modified_gmt":"2024-09-04T12:53:52","slug":"tx7-failure-to-follow-inventory-procedures-at-all-required-suppression","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58822","title":{"rendered":"TX7: Failure to follow inventory procedures at all required suppression"},"content":{"rendered":"\n

The inventory policy here wasn\u2019t followed to remove valuables and let defendant keep them. Instead it appears to be a criminal evidentiary search and stopped when finding a gun and running the serial number and asking if defendant was a felon. Taylor v. State<\/a>, 2024 Tex. App. LEXIS 6657 (Tex. App. \u2013 Amarillo Sep. 3, 2024).<\/p>\n\n\n\n

Summary judgment for officers involved in entering plaintiff\u2019s house to arrest him without probable cause at the time is denied. Taylor v. City of Montgomery, 2024 U.S. Dist. LEXIS 157646 (M.D. Ala. Sep. 3, 2024).*<\/p>\n\n\n\n

The officer here observed what he considered a likely hand-to-hand transaction in a car. When defendant was stopped, the officer\u2019s questions were reasonably related to that, and checking a bag in the back seat was reasonably related to officer safety. United States v. Hicks, 2024 U.S. Dist. LEXIS 157703 (D. Mass. Sep. 3, 2024).*<\/p>\n\n\n\n

Defendant\u2019s pretrial release conditions required he not frequent establishments where alcohol was the chief commodity (bars, liquor stores). A casino isn\u2019t it. With the arrest being unlawful, the search of defendant\u2019s car was unjustified. State v. Baldwin, 2024 MT 199 (Sept. 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The inventory policy here wasn\u2019t followed to remove valuables and let defendant keep them. Instead it appears to be a criminal evidentiary search and stopped when finding a gun and running the serial number and asking if defendant was a … 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":[50,39,58,35],"tags":[],"class_list":["post-58822","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-inventory","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58822","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=58822"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58822\/revisions"}],"predecessor-version":[{"id":58823,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58822\/revisions\/58823"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58822"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58822"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58822"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}