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Lack of inventory policy was not fatal to an inventory search, but maybe not

By John Wesley Hall, Jr.

With great reluctance, inviting the district court to rule otherwise, a USMJ rules that the lack of inventory policy was not fatal to an inventory search, but perhaps it should be. United States v. Biernat, 2008 U.S. Dist. LEXIS 45143 (W.D. Wis. June 4, 2008): The government opposes the motion, claiming that even if the traffic stop was unlawful, there is sufficient attenuation to avoid suppression. For the reasons stated below, I am recommending this court deny Biernat's motion to suppress. It is, however, a close question because of the Hurley Police Department's inexplicable failure to enact and enforce a policy governing vehicle inventory searches. Indeed, the court might decide that the challenged search was simply too unstructured for this court to countenance...continue to full post

Full post as published by Fourth Amendment on June 15, 2008 (boomark / email).