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CA4: Refresher on inventory search: Closed containers may be entered even though policy does not specify

By John Wesley Hall, Jr.

In light of Gant sending police and courts back to the automobile exception or inventory search, the Fourth Circuit did a slight refresher on the law of inventory search of a closed container in a car. The inventory policy did not say that closed containers could be searched, but it is implicit. United States v. Matthews, 2009 U.S. App. LEXIS 28764 (4th Cir. December 31, 2009): n.7 "[a]n officer's suspicion that contraband may be present [in the vehicle] does not invalidate an otherwise lawful inventory search." United States v. Cox, No. 90-5853, 1992 U.S. App. LEXIS 2229, 1992 WL 29136, at *3 (4th Cir. Feb. 20, 1992); see also United States v. Lewis, 3 F.3d 252, 254 (8th Cir. 1993); United States v. Cecala, No. 99-4049, 2000 U.S. App. LEXIS 384, 2000 WL 18948, at *2 (10th Cir...continue to full post

Full post as published by Fourth Amendment on January 06, 2010 (boomark / email).