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N.D.Iowa: Inventory was inevitable discovery and mooted vehicle search without PC

By John Wesley Hall, Jr.

Inevitable discovery supported seizure from a car that the court found no PC for an automobile search. However, an inventory search which was authorized would have discovered the evidence, despite the fact the court does not believe the officer. United States v. Martinez-Pena, 2009 U.S. Dist. LEXIS 87578 (N.D. Iowa September 23, 2009)*: The first prong of the test is more problematic. The only evidence at the suppression hearing regarding the location of the drugs was from Bob Jones, who testified he saw the methamphetamine as soon as he opened the driver's side door. The court has found this evidence not to be credible, both from the photographs and from the fact that both of the other officers who had a reasonable opportunity to do so failed to notice anything in the driver's side floorboard...continue to full post

Full post as published by Fourth Amendment on September 27, 2009 (boomark / email).