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United States v. Lustig

3 F. Supp. 3d 808 (2016)

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United States v. Lustig

United States District Court for the Southern District of California
3 F. Supp. 3d 808 (2016)

  • Written by Sharon Feldman, JD

Facts

Michael Lustig (defendant) was in a hotel when he was arrested for soliciting prostitution. Car keys were found in Lustig’s pocket during the search of his person. Lustig’s car, which was in the hotel parking lot, was impounded. San Diego County Sheriff deputies conducted an inventory search prior to towing Lustig’s car and found five phones in the car. The contents of the phones were searched, and text messages regarding prostitution were downloaded and photographed. Lustig moved to suppress any evidence discovered during the warrantless search of the phones found in his car. Neither Lustig nor the government (plaintiff) offered any evidence concerning the county sheriff’s established policy governing inventory searches.

Rule of Law

Issue

Holding and Reasoning (Benitez, J.)

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