South Dakota v. Opperman
| South Dakota v. Opperman | |
|---|---|
| Argued March 29, 1976 Decided July 6, 1976 | |
| Full case name | South Dakota v. Opperman |
| Citations | 428 U.S. 364 (more) 96 S. Ct. 3092; 49 L. Ed. 2d 1000; 1976 U.S. LEXIS 15 |
| Case history | |
| Prior | 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 | |
| |
| Case opinions | |
| Majority | Burger, joined by Blackmun, Powell, Rehnquist, Stevens |
| Concurrence | Powell |
| Dissent | White |
| Dissent | 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 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.