United States v. Chavez
| Docket Number | 19-2123 |
| Decision Date | 20 January 2021 |
Before the warrantless seizure of a firearm from a car, the driver, defendant Manuel Chavez, had driven the car at least a couple hundred feet up a private,d irt roadway and parked it outside his isolated trailer home. The district court approved just one of the government’s asserted justifications for the seizure of the firearm (a .38 special caliber Amadeo Rossi S.A.), ruling that the deputy’s seizure of the firearm was reasonable as part of an inventory of the car’s contents in preparation...
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24 cases
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Aguilera-Valdez v. Davenport
... ... BUSTOS, JOHN CORDOVA, CORDOVA TOWING LLC, MOUNTAIN STATES LENDERS, LLC, and RICHARD WOJCIK, Defendants. Civil Action No. 21-cv-01209-STV United States ... United States v. Chavez , 985 F.3d 1234, 1240 (10th ... Cir. 2021) (citing United States v. Ventresca , 380 ... ...
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Jones v. United States
... ... if a weapon or other evidence is in plain view, to seize such ... evidence, "the government must establish probable cause ... that [the possessor of the firearm] had committed, or was ... committing, a crime involving the firearm." See ... United States v. Chavez , 985 F.3d 1234, 1246 (10th Cir ... 2021) (citing Texas v. Brown , 460 U.S. 730, 738 ... (1983)). Second, officers may search and seize evidence with ... consent. Schneckloth v. Bustamonte , 412 U.S. 218, ... 219 (1973) (noting that a consent search is one of the ... ...
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United States v. Ramos
...public safety and promoting the efficient movement of traffic." Id. at 1245 (quotation omitted); see also United States v. Chavez, 985 F.3d 1234, 1243 (10th Cir. 2021) (holding that "public safety lies at the heart" of the community-caretaking doctrine). That is, a community-caretaking impo......
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United States v. Trujillo
...procedures and for the purpose of protecting the car and its contents.” Id. (emphasis added) (internal quotations omitted); see also Chavez, 985 F.3d at 1242. Therefore, criteria must regulate inventory searches to ensure that they are not used as a ruse for a general rummaging in order to ......
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1 books & journal articles
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Motor vehicle searches
...Ct App. 2021). When a driver flees a car, they do not automatically lose standing under the abandonment doctrine. In U.S. v. Chavez , 985 F.3d 1234 (10th Cir. 2021), a driver being chased by sheriff deputies drove up a long private dirt road that led to an isolated trailer, then got out, ra......