United States v. Cartwright
2010 U.S. App. LEXIS 26308
| 7th Cir. | 2010Background
- August 12, 2008, IMPD stops Cartwright for a violated rear license lamp and Cartwright is arrested for no license and giving a false name.
- Gun found in back seat during a search incident to Cartwright's arrest by Officer Barleston.
- Tow and impoundment of the car; IMPD policy requires an inventory search when a vehicle is taken into custody.
- District court denied suppression, finding inevitable discovery via a proper inventory search under IMPD policy.
- Cartwright appeals, arguing Gant limits vehicle searches incident to arrest and that inevitable discovery does not apply; Seventh Circuit affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the inevitable discovery doctrine applies to the gun found in the inventory search | Cartwright argues inevitable discovery should not rescue an unlawful search. | Cartwright relies on Gant to limit searches and contends no independent lawful means would have found the gun. | Yes; the gun would have been discovered via a lawful inventory search. |
| Whether the impoundment and inventory search were reasonable under the Fourth Amendment given policy and circumstances | Cartwright argues police policy cannot justify unlawful inventory searches. | Police followed a standardized impoundment and inventory policy. | Yes; the officers acted reasonably in impounding and inventorying the vehicle under policy and circumstances. |
| Relation of Gant to the present search and the role of policy in inventory searches | Cartwright asserts Gant limits the search, undermining the inventory-based justification. | Policy-based inventory searches remain valid even post-Gant given independent justification. | Gant narrows vehicle searches incident to arrest; court nonetheless AFFIRMS on inevitable discovery. |
Key Cases Cited
- Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches may be valid when conducted under proper procedures)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (inventory search as part of routine impoundment safety protections)
- Arizona v. Gant, 129 S. Ct. 1710 (2009) (narrows scope of search incident to arrest)
- United States v. Duguay, 93 F.3d 346 (7th Cir. 1996) (impoundment analysis; distinction between seizure and inventory search)
- United States v. Jackson, 189 F.3d 502 (7th Cir. 1999) (standard for reviewing inventory searches; public-safety considerations)
- United States v. Lomeli, 76 F.3d 146 (7th Cir. 1996) (minor policy deviations do not render inventory searches unreasonable)
- United States v. Privett, 68 F.3d 101 (5th Cir. 1995) (inventory searches within allowed scope; not required to offer alternatives to impoundment)
- Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches may be conducted under established procedures)