United States v. Harris, No. 14-3234 (8th Cir. 2015)
Annotate this CaseA Kansas City police officer stopped Harris for speeding. Before the stop, the officer saw him reaching below the driver’s seat and center console. Approaching the car, the officer smelled marijuana, but could not determine the source. The officer ordered Harris out of the car and soon found marijuana in Harris’s wallet. Harris was driving with a revoked license, so the officer arrested him. Because the car was parked on the left shoulder of a highway, the officer called for a tow truck. He inventoried the car, discovering a loaded 9mm semi-automatic handgun under the driver’s seat. Harris admitted he was a convicted felon, knew the gun was in the car, and had handled it before. Harris plead guilty to possessing a firearm, having been convicted of three previous violent felonies, 18 U.S.C. 922(g). The Eighth Circuit affirmed denial of his motion to suppress. Harris’s car was towed pursuant to police policy. Police are not precluded from conducting inventory searches when they lawfully impound the vehicle of an individual that they also happen to suspect is involved in illegal activity, and, when police are conducting inventory searches according to standardized policies they may “keep their eyes open.”
Court Description: Benton, Author, with Wollman and Smith, Circuit Judges] Criminal case - Criminal law. Where defendant's vehicle was towed pursuant to police policy and on the basis of safety, the inventory search conducted prior to towing was valid.
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