November 06, 2012, 13:05
Martin PetersonState v. Cashion
Certainly I have no quarrel with the commentator's observation in the "Weekly Case Summaries" that, after
Gant, we need to "brush up on our inventory law." But, I am less certain that we must "make sure our officers were following department policy in conducting as inventory search," even though that would likely prove very helpful in proving admissibility of the evidence obtained. I think the COA established a requirement that was not part of the decision in
Opperman and one that does not make sense.
Motion for RehearingNovember 07, 2012, 10:39
JBWould also help if we explain to PD's that their policies should be sure to leave discretion in the hands of the arresting officer.