NCJ Number
131672
Journal
Journal of Criminal Law and Criminology Volume: 81 Issue: 4 Dated: (Winter 1991) Pages: 841-861
Date Published
1991
Length
21 pages
Annotation
The Supreme Court held in Florida v. Wells that, if the police do not have a policy governing the opening of closed containers during an inventory search of impounded automobiles, opening such containers violates fourth amendment protections against unreasonable search and seizure.
Abstract
The author questions the decision on two grounds: that it does not adequately resolve the split in the circuit courts over how to apply precedent to inventory search cases and that, in its next inventory search case, the Court will decide to grant the police a measure of discretion in determining the scope of such searches. In other words, the Court will change the law to conform to the dicta in Wells. The author feels this decision signals the Court's willingness to exclude less evidence by granting the police more discretion to open closed containers. However, a new law along these lines would probably not have the desired effect on the amount of evidence actually admitted by the courts. 155 notes