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Criminal Law

: Fourth Amendment

M.D.Ala.: Vehicle search was permitted as inventory, and Gant was inapplicable

By John Wesley Hall, Jr.

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The search of defendant's car was valid as an inventory search, and Gant had no application. United States v. Melton, 2009 U.S. Dist. LEXIS 60253 (M.D. Ala. July 15, 2009).* The officer here had RS to call for a drug dog during defendant's stop. The officer did not even know about pending charges against the defendant, and the defendant volunteered that he had charges pending and he was going to Chicago to "stay with his people" before appearing in court in Missouri. He had two GPS devices, one installed [could not that one's programming have expired and it would cost $2000 to update?], which the officer found curious. United States v. Stanley, 2009 U.S. Dist. LEXIS 59807 (D. Neb. July 13, 2009).* Officer sitting in his car at a convenience store saw defendant get out of his car and walk toward to the door...continue to full post

Full post as published by Fourth Amendment on July 18, 2009 (boomark / email).

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