MBE Rules · Criminal Procedure
Inventory Searches
South Dakota v. Opperman
The rule
Police may inventory a lawfully impounded vehicle or an arrestee's belongings pursuant to standardized procedures without a warrant or probable cause; the search cannot be a pretext for investigation.
In plain English
Inventory searches allow police to examine a vehicle or personal belongings that have been lawfully impounded. This is done to document the contents for the owner's protection and to ensure officer safety, provided the search follows standardized procedures and is not a disguise for a criminal investigation.
Worked example
After arresting John for a minor offense, police impound his car and conduct an inventory search. During the search, they find a bag of illegal drugs in the trunk. The search is deemed valid because it was conducted according to department policy and was not a pretext for investigating John's criminal activity.
Memory hook
Inventory searches: lawful, standardized, and not a sneaky search.
The trap
Exams may present scenarios where the police seem to have a motive to search beyond inventory purposes, leading students to mistakenly believe the search is invalid. Watch for clues that indicate adherence to standardized procedures.
How examiners test it
Questions often involve a scenario where police conduct an inventory search after an arrest or impoundment, testing whether the search was conducted according to policy and not as a pretext for investigation.
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