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Colorado v. Bertine

Supreme Court of the United States · 1987 · Criminal Procedure

Criminal ProcedureFourth AmendmentInventory SearchesFourth Amendmentinventory searchimpounded vehicleclosed containersstandardized procedures

Facts

A Boulder police officer arrested Steven Lee Bertine for driving while under the influence of alcohol. Before a tow truck arrived to take Bertine's van to an impound lot, a backup officer inventoried the van pursuant to local police procedures requiring a detailed inspection and inventory of impounded vehicles. The officer opened a closed backpack found behind the front seat, then opened containers inside it, discovering cocaine, methaqualone tablets, cocaine paraphernalia, and cash. The trial court found the officers acted in good faith, that the search was conducted to protect property, guard against claims, and protect police from danger, and that department procedures mandated opening containers and listing their contents.

Issue

Does the Fourth Amendment prohibit the State from using evidence discovered when police, following standardized inventory procedures, open a closed backpack and containers inside it during the inventory of an impounded vehicle? More specifically, may police open closed containers found in an impounded vehicle as part of a routine inventory search conducted in good faith?

Rule

An inventory search may be reasonable under the Fourth Amendment without a warrant or probable cause when conducted as part of routine, noncriminal caretaking procedures. Reasonable police regulations relating to inventory procedures, administered in good faith and according to standardized criteria, satisfy the Fourth Amendment even when they require opening closed containers in an impounded vehicle, so long as officers do not act in bad faith or solely for the purpose of investigation. Police discretion is permissible if exercised according to standard criteria and on a basis other than suspicion of criminal evidence.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Portland, Oregon, officers arrested Nina Flores for driving with a suspended license and impounded her hatchback under a department policy requiring a detailed inventory of impounded vehicles. The written policy directs officers to open all closed containers and list their contents, and while following that policy an officer opened a latched cosmetics case in the back seat and found heroin.

Is the heroin most likely admissible under the Fourth Amendment?

Explanation. The majority held that an inventory search may include opening closed containers found in an impounded vehicle when officers follow standardized inventory procedures in good faith and are not acting solely for investigatory purposes. Probable cause is not required because the search is justified as a routine caretaking function rather than a criminal investigation.