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CA4: Inventory of vehicle with guns in plain view was proper when defendant found in medical distress and had to go to hospital

By John Wesley Hall, Jr.

Officers were justified in towing and inventorying vehicle when he was found in medical distress and nobody else could be found to come and get the vehicle. Weapons were in plain view and that justified the inventory. United States v. Fort, 2009 U.S. App. LEXIS 4001 (4th Cir. February 27, 2009) (unpublished).* Thirteen month old information that defendant likely downloaded child pornography was not too stale for a search warrant considering the enduring nature of CP on computers. United States v. Costello, 2009 U.S. Dist. LEXIS 15200 (E.D. Mich. January 29, 2009).* Defendant was stopped by blue lights and a request to come to the officers when they pulled up to his illegally parked car, which justified the stop. There was no specific evidence of coercion to find the consent invalid...continue to full post

Full post as published by Fourth Amendment on March 02, 2009 (boomark / email).