In United States v. Cohen, the United States Court of Appeals for the Eleventh Circuit addressed whether a defendant had Fourth Amendment standing to challenge the search of his vehicle and whether an inventory search was lawful pursuant to the impoundment procedures and policies of the Tampa Police Department. Devon Cohen filed a motion to suppress evidence obtained during the inventory search, arguing that the police had no grounds for impounding the vehicle because he had not parked illegally. The United States District Court for the Middle District of Florida denied Cohen’s motion, stating that Cohen lacked standing to contest the search of the vehicle and, even if he did have standing, that the search was lawful under the procedures of the department.
On appeal, the Eleventh Circuit held that, while Cohen did have standing to bring his Fourth Amendment claim, the search was valid on the merits because the impoundment was consistent with the department’s procedures and policies.