NCJ Number
16658
Journal
Oklahoma Law Review Volume: 27 Issue: 4 Dated: (FALL 1974) Pages: 693-699
Date Published
1974
Length
7 pages
Annotation
CRITICIZES THE BENNETT V. STATE DECISION IN OKLAHOMA, WHICH UPHOLDS THE WARRANTLESS SEARCH OF AN IMPOUNDED VEHICLE AFTER A MINOR TRAFFIC VIOLATION.
Abstract
BENNETT WAS ARRESTED FOR MAKING AN IMPROPER LANE CHANGE, AND SUBSEQUENTLY, THE CAR HE WAS DRIVING WAS IMPOUNDED AND SEARCHED. A PACKAGE OF MARIJUANA WAS FOUND UNDER THE CARPET OF THE CAR, LEADING TO THE CONVICTION AND SENTENCING OF BENNETT FOR POSSESSION OF MARIJUANA. BENNETT INITIATED COURT ACTION, CLAIMING THE EVIDENCE WAS OBTAINED ILLEGALLY THROUGH A VIOLATION OF HIS FOURTH AMENDMENT RIGHTS. THE COURT DEEMED THE ACTIONS OF THE POLICE LEGAL IN THIS CASE, CONSIDERING THE SEARCH A REASONABLE INVENTORY OF THE CAR CONTENTS IN ASSOCIATION WITH THE IMPOUNDMENT. THE AUTHOR CONSIDERS THAT THE BENNETT SEARCH WENT BEYOND THE LIMITS OF BOTH THE INTENT OF INVENTORY AND THE PLAIN VIEW DOCTRINE. HE FEARS AN EXPANSION OF WARRANTLESS SEARCHES OF IMPOUNDED VEHICLES, PERHAPS UNDER THE RUSE OF MINOR TRAFFIC VIOLATIONS.