Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

W.D.N.Y.: Good faith reliance on impoundment ordinance to seize vehicle made inventory valid

By John Wesley Hall, Jr.

The inventory of defendant’s vehicle was dependent upon the initial impoundment. Under Krull, the officers relied in good faith on the ordinance for impoundment, so the inventory under specific policy thereafter was valid. United States v. Arias, 2010 U.S. Dist. LEXIS 60724 (W.D. N.Y. June 17, 2010).* Defendant admitted in his motion to suppress that he did not reside in the place searched, and he had no standing. It belonged to his father, and there was no evidence that he was an overnight guest. There were some clothes there that he could wear, but there was no evidence that they were his. United States v. Jack, 2010 U.S. Dist. LEXIS 60690 (E.D. Tenn. May 25, 2010).* A report from store loss prevention employees was reliable enough on the totality to stop defendant after two transactions that appeared to be fraudulent, despite the fact the credit card was accepted for the transaction...continue to full post

Full post as published by Fourth Amendment on June 22, 2010 (boomark / email).