Colorado v. Bertine 479 U.S. 367, 107 S. Ct. 738, 93 L. Ed.2d 739 (1987)
Bertine was arrested for drunk
driving. Since he couldn't drive home, the police towed his van to the
impound lot.
At the impound lot the police
performed an administrative search
of van for inventory purposes. Inside a backpack in the van, they found a
pile of drugs. Bertine was arrest for drug possession.
At trial, Bertine made a
motion to suppress on the grounds that the police did not have probable
cause or a warrant to search his bag.
Therefore the search was a
violation of the 4th Amendment.
The Trial Judge granted the
motion and dismissed the case. The prosecutor appealed.
The Trial Judge based his
opinion on the Colorado Constitution.
The Colorado Supreme Court
affirmed. The prosecutor appealed.
The Colorado Supreme Court
based their decision on the 4th Amendment.
The US Supreme Court reversed
and found that the search was not a violation of the 4th
Amendment.
The US Supreme Court found
that reasonable police regulations relating to inventory procedures
administered in good faith do not result in a violation of the 4th
Amendment.
The Court found that an
inventory search is reasonable, because it deters theft and is protects
the police from potentially dangerous objects left in cars.
The Court noted that
searches conducted primarily for reasons other than law enforcement do
not require probable cause.
"The standard of
probable cause is peculiarly related to criminal investigation, not
routine, non-criminal procedures."
"The probable cause
approach is unhelpful when analysis centers upon the reasonableness of
administrative caretaking function, particularly when no claim is made
that the protective procedures are a subterfuge for criminal
investigations."
The Court noted that the
search was standard for everyone who's car entered the impound lot, and
no one was being singled out.
If there was a
discretionary component to which cars got searched, the program would
probably have not been legal.
Note that the Court
recognized that the search must still be reasonable, its just that reasonable is not defined as having probable
cause.
In a dissent, it was argued
that Bertine had a reasonable expectation of privacy that his backpack
would not be searched and that the government's interest in its
administrative procedures was outweighed by Bertine's expectation.
Technically, the policeman who
arrested Bertine could have looked in the bag anyway, as a search
incident to lawful arrest.