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Criminal Law

: Fourth Amendment

CA7: Citizen informant info justified stop; search permitted by auto exception, consent, or inventory [take your pick]

By John Wesley Hall, Jr.

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Defendant’s vehicle stop was with probable cause from a citizen informant he was carrying a stolen gun. The search of the trunk where the police were told by the citizen informant to look was justified by the automobile exception, consent, or the inventory exception. As to inventory, the police had no duty to locate the owner to come and get it rather than tow it. United States v. Clinton, 2010 U.S. App. LEXIS 946 (7th Cir. January 15, 2010).* (Note: This case is an example of how Gant is requiring the courts to go back to any valid alternative ground to sustain a vehicle search. Pre-Gant case law was virtually open season on cars, and that case forces courts to analyze all grounds for a vehicle search instead. And, at least half the time, an alternative works...continue to full post

Full post as published by Fourth Amendment on January 19, 2010 (boomark / email).

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