Fourth Amendement Blog – CA5: Inventory invalid because government failed to put policy in evidence at hearing
CA5: Inventory invalid because government failed to put policy in evidence at hearing
Defendant was arrested at a Mississippi casino on a warrant from the Arizona for child pornography. He refused to consent to a search of his car, and the casino wanted it off their lot. The car was searched under somebody’s impoundment policy, but the impoundment policy was never offered at the hearing. The court concludes that the inventory search was never justified by the government, and reverses. The district court conflated the valid seizure off the lot with the power to inventory, and that is incorrect.United States v. Vernon, 2013 U.S. App. LEXIS 2570 (5th Cir. February 6, 2013).