US v. Magdirila, No. 18-50430 (6-23-20)(R. Nelson w/Lee; concurrence by Berzon). The 9th upholds an inventory search, where the property inventoried was not recorded on the inventory form, but the items were referenced elsewhere. The 9th found the failure to list certain incriminating items (air gun, credit card, flash drive, etc.) was not material, as the items were cross-referenced to the police report. The 9th found this instance of not exactly following procedure was less serious than US v. Garay, 938 F.3d 1108 (9th Cir 2019), where the 9th upheld a failure to complete the inventory form when there was a high speed chase and the officer “substantially” followed the policy.

In addition, the search here was not a cover for an investigatory one. The officer followed impounding procedure when there was cause to impound.

Berzon, concurring, argues that Garay was wrongly decided. The error here was technical; the lack of a written record in Garay invalidates the rationale for an inventory search.

The 9th also vacated various SR conditions as overbroad. In particular, the condition that requires notice to third parties of risks was overbroad as to what risks exactly. The 9th struck this condition down in US v. Evans, 883 F.3d 1154 (9th Cir. 2018).

Good effort by Joshua Weiss and Sonam Henderson, Deputy FPDs, Cal C (Los Angeles).