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Criminal Law: Possession with Intent to Distribute-Motion to Suppress-Inventory Search
Staff Report//July 19, 2023//
Criminal Law: Possession with Intent to Distribute-Motion to Suppress-Inventory Search
Staff Report//July 19, 2023//
Defendant appealed the denial of his motion to suppress evidence of methamphetamine found in his vehicle during an inventory search. Defendant argued that the inventory search was a pretext for an investigatory search.
Where department policy required police to tow defendant’s vehicle following his arrest on an active warrant, the officers did not abuse their discretion in declining to use the exception to the towing policy to contact the vehicle’s owner to come retrieve the vehicle, and thus the inventory search was justified regardless of whether officers also had an investigatory motive.
Judgment is affirmed.
U.S. v. Nielsen (MLW No. 80212/Case No. 22-2965 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Nebraska, Rossiter, J. (Rebecca J. Smith, of Omaha, NE for appellant) (Joseph P. Meyer, AUSA, of Omaha, NE for appellee)
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