DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181810P.pdf 02/08/2019 United States v. Alauna Morris
U.S. Court of Appeals Case No: 18-1810
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Benton, Author, with Beam and Erickson, Circuit Judges]
Criminal case - Criminal law. Absence of the written policy for impounding
and inventorying vehicles did not preclude establishing its content by
officer testimony, and the district court did not err in finding the
county sheriff's office had an impoundment and inventory policy; nothing
in the Fourth Amendment requires a police department to allow an arrested
person to arrange for another person to pick up a vehicle to avoid
impoundment and inventory; the district court did not err in determining
the officers followed the inventory policy without impermissible,
unfettered discretion; because the policy required an inventory of the
entire vehicle it was reasonable for the officers to open containers
believed to have items valued at more than $25; decision to terminate
inventory to avoid damage to contents of the vehicle was reasonable and
complied with the policy; officers' suspicion that defendant was engaged
in criminal activity did not establish that the sole purpose of the search
was investigative.