Summary

Portrait of Warren E. Burger Warren E. Burger South Dakota v. Opperman — Opinion of the Court

Dombrowski, supra at 441, automobiles are frequently taken into police custody. Vehicle accidents present one such occasion. To permit the uninterrupted flow of traffic and in some circumstances to preserve evidence, disabled or damaged vehicles will often be removed from the highways or streets at the behest of police engaged solely in caretaking and traffic control activities. [p369] Police will also frequently remove and impound automobiles which violate parking ordinances and which thereby jeopardize both the public safety and the efficient movement of vehicular traffic.
Source: Wikisource

Portrait of Warren E. Burger Warren E. Burger South Dakota v. Opperman — Opinion of the Court

The test of reasonableness cannot be fixed by per se rules; each case must be decided on its own facts. Coolidge v. New Hampshire, 403 U.S. at 509-510 (concurring and dissenting) (emphasis added) .
In applying the reasonableness standard adopted by the Framers, this Court has consistently sustained police intrusions into automobiles impounded or otherwise in lawful police custody where the process is aimed at securing or protecting the car and its contents. In Cooper v. California, supra, the Court upheld the inventory of a car impounded under the authority of a state forfeiture statute.
Source: Wikisource

Portrait of Warren E. Burger Warren E. Burger South Dakota v. Opperman — Opinion of the Court

The Vermillion police were indisputably engaged in a caretaking search of a lawfully impounded automobile. Cf. United States v. Lawson, 487 F.2d 468, 471 (CA8 1973) . The inventory was conducted only after the car had been impounded for multiple parking violations. The owner, having left his car illegally parked for an extended period, and thus subject to impoundment, was not present to make other arrangements for the safekeeping of his belongings. The inventory itself was prompted by the presence in plain view of a number of [p376] valuables inside the car.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature