Inventory searches without a warrant or probable cause. Too hard for police not to peek inside?

This week I discuss two cases in one video. Two for the price of one. And the price is free! You should still subscribe to my channel!

CASE ONE:
Donald Opperman left his car unattended in a prohibited parking space in violation of local ordinances in Vermillion, South Dakota. He received two parking tickets from local police officers, and as a result, his vehicle was subsequently inspected and impounded. At the impound lot, a police officer observed personal items in the dashboard of the car and unlocked the door to inventory the items using standard procedures. In the unlocked glove compartment, the officer found marijuana in a plastic bag. Opperman was arrested later that day and charged with possession of marijuana. Could police search his vehicle without a warrant or even probable cause?

The Court held that police can inventory a vehicle that has been lawfully impounded, even without a warrant. Inventory procedures for impounded vehicles are taken in order to protect the owner’s property and to protect police from claims of stolen items as well as potential danger. Therefore, the search of an impounded vehicle is considered reasonable under the Fourth Amendment.

Read more here: South Dakota v. Opperman, https://www.oyez.org/cases/1975/75-76

CASE TWO:
Respondent was arrested for disturbing the peace, handcuffed, and taken to the police station. There, the officer removed the handcuffs from the respondent and ordered him to empty his pockets and place the contents on the counter. He then asked the respondent to empty his shoulder bag on the counter as well. Ten amphetamine pills were found inside a cigarette case package inside the bag.

It is not unreasonable for police, as part of the routine procedure incident to incarcerating an arrested person, to search any container or article in his possession, in accordance with established inventory procedure.

"Even if less intrusive means existed of protecting some particular types of property, it would be unreasonable to expect police officers in the everyday course of business to make fine and subtle distinctions in deciding which containers or items may be searched and which must be sealed as a unit."

Really? Is it really that hard to ask the police to place the whole bag inside an evidence ziplock bag without taking a peek inside? Well, you decide and comment below.

Read more here: Illinois v. Lafayette, https://www.oyez.org/cases/1982/81-1859

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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