U.S. v. WILLIAMS, 82 F.Supp.3d 1183 (2015)
Court: District Court, D. Nevada
Number: infdco20150106c71
Visitors: 15
Filed: Jan. 04, 2015
Latest Update: Jan. 04, 2015
Summary: ORDER GRANTING MOTION TO SUPPRESS RICHARD F. BOULWARE, II , District Judge . I. Introduction FootNotes 1. The evidence did not clearly establish that Williams was the owner of the vehicle as it was apparently released by Metro to someone else claiming to be the owner of the vehicle. However, no further information was provided to the Court to determine who owned the vehicle at the time of the search. The government never claimed that Williams was not in lawful possession of the vehicle.
Summary: ORDER GRANTING MOTION TO SUPPRESS RICHARD F. BOULWARE, II , District Judge . I. Introduction FootNotes 1. The evidence did not clearly establish that Williams was the owner of the vehicle as it was apparently released by Metro to someone else claiming to be the owner of the vehicle. However, no further information was provided to the Court to determine who owned the vehicle at the time of the search. The government never claimed that Williams was not in lawful possession of the vehicle. ..
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ORDER GRANTING MOTION TO SUPPRESS
RICHARD F. BOULWARE, II, District Judge.
I. Introduction
FootNotes
1. The evidence did not clearly establish that Williams was the owner of the vehicle as it was apparently released by Metro to someone else claiming to be the owner of the vehicle. However, no further information was provided to the Court to determine who owned the vehicle at the time of the search. The government never claimed that Williams was not in lawful possession of the vehicle.
2. It should also be noted that the vehicle was not parked illegally, did not pose any threat to the safety of others and was not in a condition or location that it would necessarily be subject to vandalism. Under such circumstances, it is not apparent that the inventory search exception could be applied. Miranda v. City of Cornelius, 429 F.3d 858, 864 (9th Cir.2005) (noting that there must be a sufficient basis for impounding the vehicle before an inventory search can be conducted).
Source: Leagle
