582 F. App'x 56
2d Cir.2014Background
- Plaintiff-Appellant Wayne Bryant was stopped by New York State Trooper Anthony Dasilva for not wearing a seatbelt and then arrested on an outstanding bench warrant.
- After the arrest, Dasilva searched Bryant’s vehicle without a warrant and inventoried its contents.
- Bryant sued under 42 U.S.C. § 1983, alleging the warrantless vehicle search violated the Fourth Amendment.
- The district court granted summary judgment for Dasilva, concluding the search was a valid inventory search and therefore lawful under a warrant-exception.
- Bryant appealed, arguing (1) Arizona v. Gant implicitly eliminated the inventory-search exception for vehicle searches contemporaneous with an arrest, and (2) factual disputes should have precluded summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arizona v. Gant abrogated the inventory-search exception for vehicle searches contemporaneous with an arrest | Gant implicitly abrogated the inventory-search exception as applied to contemporaneous vehicle searches | Gant narrowed search-incident-to-arrest doctrine but did not limit or eliminate the distinct inventory-search exception | Court: Gant did not abrogate the inventory exception; inventory searches remain a separate, valid warrant exception |
| Whether factual inconsistencies precluded summary judgment | Bryant contends disputed facts prevent resolving validity of the inventory search on summary judgment | Dasilva and the district court treated the inventory-search facts as undisputed; Bryant did not raise certain factual arguments below | Court: Declined to consider new factual arguments on appeal (forfeited); affirmed summary judgment for Dasilva |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (limits search-incident-to-arrest rule for vehicle searches)
- Colorado v. Bertine, 479 U.S. 367 (1987) (recognizes inventory searches as a valid exception to the warrant requirement)
- Wrobel v. County of Erie, 692 F.3d 22 (2d Cir. 2012) (standard of review for summary judgment in this Circuit)
- In re Nortel Networks Corp. Sec. Litig., 539 F.3d 129 (2d Cir. 2008) (appellate rule against considering issues raised for first time on appeal)
- Bogle-Assegai v. Connecticut, 470 F.3d 498 (2d Cir. 2006) (same)