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Opening Closed Containers in an Inventory Search - Supreme Court Announces New Rule (From Crime to Court: Police Officer's Handbook, P 1-2, 1990, Joseph C Coleman)

NCJ Number
125062
Author(s)
J C Coleman
Date Published
1990
Length
2 pages
Annotation
In the case Florida v. Wells, the Supreme Court clarifies some of the questions about opening closed containers during an inventory search.
Abstract
A highway patrol trooper stopped respondent Wells for speeding. After smelling alcohol on Wells' breath, the trooper arrested Wells for driving under the influence. Wells then agreed to accompany the trooper to the station to take a breathalyzer test. The trooper informed Wells that the car would be impounded and obtained Wells' permission to open the trunk. At the impoundment facility, an inventory search of the car turned up two marijuana cigarette butts in an ashtray and a locked suitcase in the trunk. Under the trooper's direction, employees of the facility forced open the suitcase and discovered a garbage bag containing a considerable amount of marijuana. The Supreme Court stated in two earlier cases that opening a closed container constitutes a great intrusion into the privacy of its owner -- even when the container is found in an automobile. But, said the Court, that does not mean that all openings of closed containers by police are unlawful.