US v. Matthews, No. 09-4005

Conviction of defendant for conspiracy to distribute marijuana and related crimes is affirmed where: 1) because the police department's policy authorizes the opening of closed containers encountered during an inventory search and the deputy adhered to that policy, the search falls within the inventory search exception, and thus, does not violate the Fourth Amendment; and 2) because the department's policy properly curtails the discretion of searching officers and the deputy adhered to that policy, the search falls within the inventory exception.     

Read US v. Matthews, No. 09-4005

Appellate Information

Argued: October 28, 2009

Decided: December 31, 2009

Judges

Opinion by Circuit Judge Duncan

Counsel

For Appellant:  James Orlando Broccoletti, Zoby & Broccoletti

For Appellee:   Peter Sinclair Duffey, Office of the US Attorney