NCJ Number
39275
Journal
Capital University Law Review Volume: 6 Issue: 2 Dated: (1976) Pages: 315-326
Date Published
1976
Length
12 pages
Annotation
IN THIS 1976 DECISION, THE U.S. SUPREME COURT REVERSED THE STATE SUPREME COURT'S RULING AND HELD THAT THE WARRANTLESS INVENTORY OF AN IMPOUNDED VEHICLE'S CLOSED GLOVE COMPARTMENT WAS NOT AN 'UNREASONABLE' SEARCH.
Abstract
ALTHOUGH REFUSING TO DRAW A DISTINCTION BETWEEN AN INVENTORY AND A SEARCH, THE COURT DID RECOGNIZE A DIFFERENCE WHEN APPLYING THE FOURTH AMENDMENT WARRANT REQUIREMENTS TO VEHICLES AND HOMES OR OFFICES. LESS STRICT WARRANT REQUIREMENTS WERE ATTACHED TO VEHICLE SEARCHES FOR TWO REASONS - CIRCUMSTANCES OF EXIGENCY MAKING RIGOROUS WARRANT REQUIREMENTS IMPOSSIBLE, AND THE LESSENED EXPECTATION OF PRIVACY REGARDING VEHICLES. THE MAJORITY OPINION ALSO DISTINGUISED BETWEEN CRIMINAL AND NONCRIMINAL SEARCHES, ARGUING THAT INVENTORY SEARCHES ARE AN ADMINISTRATIVE PROCEDURE TO SECURE VALUABLES AND ARE NOT SUBJECT TO A PROBABLE CAUSE REQUIREMENT....ELW