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Criminal Law

: Fourth Amendment

Written inventory is not required by a police department

By John Wesley Hall, Jr.

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Written proof of an inventory policy is not required for the state to sustain its burden of proving an inventory valid. State v. Chatman, 2008 La. App. LEXIS 619 (2d Cir. April 30, 2008) (Also, this specific issue was addressed to the trial court, so it was waived.) Comment: I have never been able to agree with this rationale, at all. Everybody has computers, and all police agencies have SOPs. If they have no written inventory policy, they should be held to have no policy. Official policy should be in writing, not part of an oral history. Subpoena the inventory policy and see if it complies with Florida v. Wells. Defendant's girlfriend had sufficient common authority, without regard to whether she was the actual lessee, to consent to a search...continue to full post

Full post as published by Fourth Amendment on May 03, 2008 (boomark / email).

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