Constitutional Amendment IV. South Dakota v. Opperman, 1976, ___ U.S. ___, 96 S. Ct. 3092, 49 L. Ed. My Story - Law School, Top Grades, International Living, and Post-Law Teaching, Criminal Procedure: Examples & Explanations, Sixth Edition. No. Issue. D left his car illegally parked on a public street and it was ticketed twice for overtime parking, The car was then towed to a police impound lot where the contents were inventoried on a standard inventory form, Marijuana was found in the unlocked glove box, Inherent mobility creates an exigent circumstance, Pervasive governmental regulation and controls reduce the expectation of privacy, Protection of the owner's property while it remains in police custody, Protection of the police against claims or disputes over lost or stolen property, Protection of the police from potential danger, No suggestion that it was a pretext for concealing an investigatory police motive, The law enforcement agency needs an inventory policy in order to justify an inventory search.

After respondent's car had been impounded for multiple parking violations the police, following standard procedures, inventoried the contents of the car. Argued March 29, 1976. and thus subject to impoundment, was not present to make other The court held that there was no These cases are derived from class notes and laws change over time. 428 U.S. 364.

Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. Without a warrant, the police inventoried the contents of Respondent’s vehicle and found marijuana in the glove box. Post was not sent - check your email addresses! Constitutional Criminal Procedure Outline, Professional Responsibility Outline with California Distinctions. HOLDING: No, in following standard police procedures, prevailing throughout the country … in following standard police procedures the conduct of the police was 75-76 Argued: March 29, 1976 Decided: July 6, 1976. State sought review of the judgment from the Supreme Court of South Dakota, which held that local police violated U.S. He received two parking tickets from local police officers, and as a result, his vehicle was subsequently inspected and impounded. After respondent's car had been impounded for multiple parking violations the police, following standard procedures, inventoried the contents of the car. Help Support This Site: Please Donate Your Old Notes and Outlines! United States Supreme Court. The Fourth Amendment: Arrest and Search and Seizure, Electronic Surveillance, Agents and Informers, and Entrapment, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), South Dakota v. Opperman, 428 U.S. 364, 96 S. Ct. 3092, 49 L. Ed. Held. How To Get A's In Law School and Have a TOP Class Rank! If you have any questions about these materials, or any other legal questions, you should consult an attorney who is a member of the bar of the state you reside in. Become an A+ Member today! SOUTH DAKOTA, Petitioner, v. Donald OPPERMAN. Further, the Respondent’s, Opperman (Respondent), vehicle was impounded for a traffic violation.

inventory itself was prompted by the presence in plain view of a

Administrative procedures, such as inventorying an impounded vehicle, are reasonable under the Fourth Amendment if the procedure is implemented for a non-criminal purpose. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). On August 26, 1976, this court granted a rehearing to ascertain whether the inventory search of petitioner's automobile was in violation of his rights under Article VI, § 11 of the South Dakota Constitution. search and such was not unreasonable. South Dakota v. Opperman. 2d 1000, 1976 U.S. LEXIS 15 (U.S. July 6, 1976). South Dakota v. Opperman case brief summary 428 U.S. 364 (1976) CASE SYNOPSIS. Argued March 29, 1976. not unreasonable underU.S. Don’t read 1,000 cases. Impounded vehicles can be inventoried where the process is carried out to secure the vehicle and its contents. arrangements for the safekeeping of his belongings. 75-76. Law school and the internet have not been that good of friends. What about an online Bar Exam? It's no secret that the American Bar Association is not fond of onl... © 2010 - 2020 lawschoolcasebriefs.net. Sorry, your blog cannot share posts by email. See. I have often tried to make the cases available as links in case you are a student without a textbook.

Syllabus. Decided July 6, 1976.