United States v. Taylor
2011 U.S. App. LEXIS 3424
8th Cir.2011Background
- Taylor pled guilty to possession with intent to distribute cocaine in a vehicle searched incident to an impoundment.
- Officer Gillespie stopped Taylor for a traffic violation and arrested him after he failed to show insurance.
- KCPD policy required towing and a detailed tow-in inventory when a vehicle is impounded, especially with valuable contents.
- The tow-in inventory listed only a generic 'misc. tools' despite hundreds of tools and equipment in the truck.
- Taylor moved to suppress the cocaine as the result of an unlawful inventory search; the district court denied the motion.
- On appeal, the Eighth Circuit reverses, finding the inventory search did not comply with policy and was a pretext for an investigatory search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the inventory search complied with policy | Taylor | Taylor | Inventory search invalid; noncompliant with policy |
| Whether the search was a pretext for an investigatory search | Taylor | Taylor | Pretext shown; search invalid |
| Whether impoundment alone validates the inventory search | Taylor | Taylor | Impoundment does not validate an invalid inventory search |
Key Cases Cited
- United States v. Rowland, 341 F.3d 774 (8th Cir. 2003) (inventory must be reasonable under totality of circumstances; pretext concern)
- United States v. Marshall, 986 F.2d 1171 (8th Cir. 1993) (inventory searches not a general rummaging; standard procedures matter)
- Colorado v. Bertine, 479 U.S. 367 (U.S. 1987) (inventory must be reasonably conducted under standardized procedures)
- Florida v. Wells, 495 U.S. 1 (U.S. 1990) (inventory searches must be regulated by established routine)
- South Dakota v. Opperman, 428 U.S. 364 (U.S. 1976) (purpose of inventory search: property protection and officer safety)
- Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (unreasonable searches subject to exceptions)
- Edmond v. United States, 531 U.S. 32 (U.S. 2000) (programmatic and standardized purposes matter in searches)
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (limits on police in avoiding general rummaging; context of certainty)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (pretext concerns in evaluating reasonable searches)
- United States v. Hall, 497 F.3d 846 (8th Cir. 2007) (inventory searches must be reasonable under totality)