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South Dakota v. Opperman
Supreme Court of the United States
Argued March 29, 1976
Decided July 6, 1976
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
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
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
Majority by: Burger
Joined by: Powell, Stevens, Blackmun, Rehnquist
Concurrence by: Powell
Dissent by: White
Dissent by: Marshall
Joined by: Brennan, Stewart
Laws applied
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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