Skip to main content
Have a personal or library account? Click to login
South Dakota v. Opperman: An Analysis of how Inventory Searches are Unreasonable Under the Fourth Amendment Cover

South Dakota v. Opperman: An Analysis of how Inventory Searches are Unreasonable Under the Fourth Amendment

By:   
Open Access
|Oct 2022

Abstract

This paper examines how inventory searches should be deemed as an unreasonable warrantless search under the Fourth Amendment. By examining the issues of inherent mobility, applying the Rational Basis test, analyzing the Community Caretaking Functions doctrine, and by understanding the original understanding of the Fourth Amendment, it can be seen that an inventory search is unreasonable. This paper examines the Supreme Court case opinion of South Dakota v. Opperman, as well as other relevant cases that were cited to show how inventory searches are unreasonable. Inventory searches are a controversial issue within police power that hardly gets any public attention. Because of early Supreme Court precedents, like the precedent created in South Dakota v. Opperman, the rights afforded to vehicles have been severely stripped and have left virtually no protections against police intrusion into a vehicle.
Journal eISSN: 2332-0419
Language: English
Published on: Oct 17, 2022
Published by: Pi Gamma Mu
In partnership with: Paradigm Publishing Services

© 2022 Kyle Jedlicka, published by Pi Gamma Mu
This work is licensed under the Creative Commons Attribution 4.0 License.