NCJ Number
109402
Journal
Criminal Justice Journal Volume: 10 Issue: 1 Dated: (Fall 1987) Pages: 137-151
Date Published
1987
Length
15 pages
Annotation
The U.S. Supreme Court's decision in Colorado v. Bertine represents a further step in the Court's revisions, begun in the early 1970's, of the law of criminal procedure related to search and seizure.
Abstract
These revisions have gradually broadened the permissible scope of constitutionally approved warrantless searches and seizures. In 1984 Bertine was arrested for driving under the influence of alcohol. After taking Bertine into custody the police conducted an inventory search of the van. They found a knapsack containing metal canisters in a nylon bag behind the front seat. They opened the canisters and found drugs, paraphernalia, and cash, leading to charges of unlawful possession of cocaine with intent to distribute, sell, and dispense, and unlawful possession of methaqualone. Bertine argued that the police inventory search of the van exceeded the permissible scope of an inventory and thereby violated his fourth amendment rights. The Supreme Court's decision had both clarified and extended the inventory exception to the fourth amendment's protection against unreasonable searches and seizures, making automobiles more accessible to searches. It is not yet clear how much further the Court can go and still maintain the vitality of the fourth amendment. 83 footnotes.