In what circumstances will the police force be able to search a car that is impounded by the police?

California, United States of America


The following excerpt is from People v. Benites, 11 Cal.Rptr.2d 512, 9 Cal.App.4th 309 (Cal. App. 1992):

In South Dakota v. Opperman, supra, 428 U.S. 364, 96 S.Ct. 3092, an automobile was impounded by the police for overtime parking in a restricted area. The car was taken to the city impound lot. A policeman observed a watch on the dashboard and other items of personal property in plain view from the outside of the vehicle. The officer ordered the car to be unlocked and the contents of the car inventoried pursuant to police regulations. (Id. at p. 380, fn. 6, 96 S.Ct. at p. 3102 fn. 6.) The court held the inventory search to be reasonable under the Fourth Amendment: the inventory practice by the police department to safeguard the vehicle's contents was standard police procedure generally followed throughout the country. (Id. at p. 376, 96 S.Ct. at p. 3101.) In light of the strong governmental interest to prevent [9 Cal.App.4th 322] claims of stolen property, and the diminished expectation of privacy in a vehicle, the court upheld the inventory search and noted other cases which accorded deference to police caretaking procedures designed to secure and protect vehicles and their contents within police custody. (Ibid.)

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