California, United States of America
The following excerpt is from People v. Daniels, E073099 (Cal. App. 2019):
Neither officer testified regarding the existence of a standard policy governing impound inventory searches, or that the officers complied with that policy. There is no evidence in the record of a standard police policy governing impound inventory searches, what the policy was, or whether the officers conducted themselves in compliance with the policy. It was the People's burden to establish the foregoing. (People v. Williams, supra, 20 Cal.4th at p. 138.) Absent such evidence, the trial court's ruling was erroneous.
Moreover, a reasonably well-trained officer would have known the search was illegal, even if defendant's registration had been expired for six months. As such, the good faith exception to the exclusionary rule did not apply. (See People v. Harris (2015) 234 Cal.App.4th 671, 700 [the exclusionary rule is inapplicable to evidence obtained by "'nonculpable, innocent police conduct.'"])
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