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.
Argued: October 28, 2009
Decided: December 31, 2009
Opinion by Circuit Judge Duncan
For Appellant: James Orlando Broccoletti, Zoby & Broccoletti
For Appellee: Peter Sinclair Duffey, Office of the US Attorney