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IL: Driving without insurance is reason enough to tow and inventory a car

By John Wesley Hall, Jr.

Defendant was arrested for no DL and insurance, and his car was towed subject to a standardized procedure. While the officer could not testify to what mandated this requirement, the appellate court notes that state law makes it unlawful to drive an uninsured vehicle, and that supported the mandate. The inventory the officer described was reasonable. Gant did not supplant inventory cases. People v. Mason, 2010 Ill. App. LEXIS 921 (August 31, 2010).* Defendant was staying at his wife’s home for the night when a parole entry occurred under a parole warrant for his arrest. A judicial warrant was not required. When the officers asked about a jacket so he could be clothed when they left, he said the jacket was not his. He did not have standing to challenge the search of the jacket...continue to full post

Full post as published by Fourth Amendment on September 09, 2010 (boomark / email).