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Criminal Law

: Fourth Amendment

CA7: Failure to make a detailed inventory not a Fourth Amendment violation

By John Wesley Hall, Jr.

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The impoundment of the car in this case was reasonable because the passenger/owner of the car was unlicensed and unable to drive or readily find an alternative. Failure to make a complete record of everything in the car is not a Fourth Amendment violation. United States v. Cartwright, 2010 U.S. App. LEXIS 26308 (7th Cir. December 29, 2010): Finally, Cartwright argues that Barleston did not conduct the inventory search properly, failing to make a complete list of the property he found in Golliday's car. While Cartwright correctly points out that IMPD policy required Barleston to make such a list, Barleston's failure to do so does not undermine the proposition that the police would inevitably have found the gun through a lawful inventory search...continue to full post

Full post as published by Fourth Amendment on January 01, 2011 (boomark / email).

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