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ICE inventory policy satisfies Wells

By John Wesley Hall, Jr.

ICE agents conducted an inventory of defendant's vehicle under standardized procedures under Florida v. Wells. Here, a gun was found with an illegal alien, as well as photographs of him holding the gun. United States v. Boffil-Rivera, 2008 U.S. Dist. LEXIS 84632 (S.D. Fla. August 12, 2008): The government need not present evidence of an agency's written procedures for an inventory search to be valid; an officer's testimony regarding his reliance on standardized procedures is sufficient as is his "unrebutted testimony that he acted in accordance with standard inventory procedures." United States v. Lage, 183 F.3d 374, 380 (5th Cir. 1999); United States v. Lowe, 9 F.3d 43, 45-46 (8th Cir. 1993) (rejecting defendant's argument that the government was required to submit a written version of the procedures governing inventory searches); Laing, 708 F...continue to full post

Full post as published by Fourth Amendment on October 24, 2008 (boomark / email).