Impounded cars
| South Dakota v. Opperman |
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Supreme Court of the United States |
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Argued March 29, 1976 Decided July 6, 1976
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| Full case name: | South Dakota v. Opperman | | | Citations: | 428 U.S. 364; 96 S. Ct. 3092; 49 L. Ed. 2d 1000; 1976 U.S. LEXIS 15 | | | | Prior history: | Certiorari to the Supreme Court of South Dakota | | | |
| | Holding |
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| Warrantless routine inventory searches of automobiles impounded or otherwise in lawful police custody, pursuant to standard police procedures, are reasonable and not prohibited by the Fourth Amendment. | | Court membership |
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Chief Justice: Warren E. Burger Associate Justices: William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis Franklin Powell, Jr., William Rehnquist, John Paul Stevens | | Case opinions |
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Majority by: Burger Joined by: Powell, Stevens, Blackmun, Rehnquist Concurrence by: Powell Dissent by: White Dissent by: Marshall Joined by: Brennan, Stewart
| | Laws applied |
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| U.S. Const. amend. IV |
South Dakota v. Opperman, 428 U.S. 364 (1976), elaborated on the community caretaking doctrine. Under the Fourth Amendment, "unreasonable" searches and seizures are forbidden. In addition to their law enforcement duties, the police must engage in what the Court has termed a community caretaking role, including such duties as removing obstructions from roadways in order to ensure the free flow of traffic. When the police act in this role, they may inventory cars they have seized without "unreasonably" searching those cars.
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