William O. Douglas

“ There are those who do not like Preston. I think, however, it states a healthy rule, protecting the zone of privacy of the individual as prescribed by the Fourth Amendment. These days police often taken possession of cars, towing them away whem improperly parked. Those cars are 'validly' held by the police. Yet if they can be searched without a warrant, the precincts of the individual are invaded and the barriers to privacy breached. Unless the search is incident to an arrest, I would insist that the police obtain a warrant to search a man's car just as they must do when they search his home. ”

“ Today's decision is perhaps explicable in those terms. But I also reject that view. 'Unreasonable searches and seizures' as used in the Fourth Amendment, 'self-incrimination' as used with reference to the Fifth, 'freedom of speech' as used in the First, and the like, mean the same in a state as in a federal case. ”

“ Since the California could held that the Health & Safety Code did not authorize a search of a car impounded under its provisions, the case is on all fours with Preston so far as police custody is concerned. If custody of the car is relevant at all, it militates against the reasonableness of the search. As the Court said in Preston: ' (S) ince the men were under arrest at the police station and the car was in police custody at a garage, (there was no) danger that the car would be moved out of the locality or jurisdiction.' 376 U.S., at 368, 84 S.Ct., at 884. ”