CRIMINAL LAW - SEARCH AND SEIZURE - FRUITS OF WARRANTLESS AUTOMOBILE INVENTORY SEARCH ADMISSIBLE

• NCJ Number: 41242
• Journal: Marquette Law Review Volume: 60 Issue: 2 Dated: (1977) Pages: 569-591
• Author(s): L VANDEN HEUVEL; D R DINEEN
• Date Published: 1977
• Length: 23 pages
• Corporate Author: Marquette University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE EXAMINES THE 1976 SUPREME COURT DECISION IN SOUTH DAKOTA V. OPPERMAN FOR ITS CONSISTENCY WITH THE FOURTH AMENDMENT REASONABLENESS STANDARD AND WITH PRIOR SEARCH AND SEIZURE LAW.

Abstract

THE COURT RULED IN OPPERMAN THAT EVIDENCE SEIZED DURING A WARRANTLESS SEARCH INVENTORY OF AN IMPOUNDED AUTOMOBILE IS ADMISSABLE IN A CRIMINAL PROSECUTION. THE IMPACT OF OPPERMAN ON RELATED AUTOMOBILE SEARCH SITUATIONS IS DISCUSSED. THE ISSUE OF THE PERMISSABLE SCOPE OF INVENTORY SEARCHES--EVIDENCE IN PLAIN VIEW AS OPPOSED TO ITEMS FOUND IN LOCKED TRUNKS, GLOVEBOXES, AND SUITCASES-IS EXPLORED IN A CASE-BY-CASE ANALYSIS....MSP