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IL: Inventory failed because adherence to standardized policy was not followed

By John Wesley Hall, Jr.

Inventory search was not shown to be conducted according to standardized policy, even where the policy was not in writing. It was the state's burden, and it failed. People v. Martell, 2009 Ill. App. LEXIS 876 (September 3, 2009): Our review shows that defendant's vehicle was curbed by Officer Mocarski and his ' partners on a residential city street. There was no evidence, however, of its exact location, or that it was illegally parked, impeding traffic, or threatening public-safety or convenience. Ursini, 245 Ill. App. 3d at 483, 486; People v. Brown, 100 Ill. App. 3d 57, 63-64, 426 N.E.2d 575, 55 Ill. Dec. 429 (1981). In addition, Officer Mocarski did not testify that he towed the vehicle to protect it against damage or theft. People v. Schultz, 93 Ill...continue to full post

Full post as published by Fourth Amendment on September 13, 2009 (boomark / email).