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D.S.D.: While search would be invalid under Gant, gov't prevails on alternate theory of inventory

By John Wesley Hall, Jr.

The search of defendant’s car was invalid under Gant, but the gun would have been inevitably discovered through a valid inventory which the government asserted as an alternative justification. United States v. Garreau, 2010 U.S. Dist. LEXIS 85674 (D. S.D. August 19, 2010), R&R 2010 U.S. Dist. LEXIS 85597 (D. S.D. June 9, 2010).* Officer’s approach to a parked car and tapping on the window was not a seizure. Richter v. N.D. DOT, 2010 ND 150, 2010 N.D. LEXIS 157 (August 17, 2010).* Officer’s observation of person getting into car with a beer bottle from a convenience store and opening it was reasonable suspicion for a stop. The driver’s license was suspended. State v. Sound Sleeper, 2010 SD 71, 2010 S.D. LEXIS 110 (August 18, 2010)...continue to full post

Full post as published by Fourth Amendment on August 24, 2010 (boomark / email).