inventory exception (Ohio) · Go Syfert
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inventory exception in Ohio

17 Ohio opinions name it 1 courts 1989–2021 1 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
South Dakota v. Oppermangreen
scotus · 1976 · cited in 2 Ohio opinions naming this issue, 2002–2008
2 sentences

2008In South Dakota v. Opperman (1976), 428 U.S. 364 , 96 S.Ct. 3092 , 49 L.Ed.2d 1000 , the Supreme Court held that automobile inventory searches are reasonable when performed pursuant to a standardized policy, and when the evidence does not demonstrate that the procedure involved is merely a pretext for an evidentiary search of the impounded vehicle.

2008In South Dakota v. Opperman (1976), 428 U.S. 364 , 96 S.Ct. 3092 , 49 L.Ed.2d 1000 , the Supreme Court held that automobile inventory searches are reasonable when performed pursuant to a standardized policy, and when the evidence does not demonstrate that the procedure involved is merely a pretext for an evidentiary search of the impounded vehicle.

12
State v. Peaglergreen
ohio · 1996 · cited in 1 Ohio opinions naming this issue, 2015–2015
1 sentence

2015“The [United States] Supreme Court noted inventory procedures serve (1) to protect an owner’s property while it is in the custody of the police, (2) to ensure against claims of lost, stolen, or vandalized property, and (3) to guard the police from danger.” State v. Peagler, 76 Ohio St.3d 496, 501 (1996), citing Bertine at 741-742 . {¶16} “Although the inventory exception and impoundment of a vehicle are often intermingled, they involve different considerations.” Wotring at ¶ 16.

11
State v. Himmelhavergreen
ohioctapp · 1987 · cited in 1 Ohio opinions naming this issue, 2001–2001
1 sentence

2001See State v. Himmelhaver (1987), 39 Ohio App.3d 42 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Florida v. Wells green
scotus · 1990
2 sentences

2007Florida v. Wells (1990), 495 U.S. 1 , 4 . {¶ 29} Appellant argues that, pursuant to the decision of the Second Appellate District in State v. Taylor (1996), 114 Ohio App.3d 416 , the officers were not authorized to impound his vehicle.

2002Florida v. Wells (1990), 495 U.S. 1 , 4 , 109 L.Ed.2d 1 , 110 S.Ct. 1632 . {¶ 54} The State presented the testimony of Det.

41996–2007
State v. Mesa green
ohio · 1999
2 sentences

2011State v. Mesa, 87 Ohio St.3d 105 , 1999-Ohio-253 , 717 N.E.2d 329 ; Crosby.

2011State v. Mesa, 87 Ohio St.3d 105 , 1999-Ohio-253 , 717 N.E.2d 329 ; Crosby.

32002–2011
In Re Estate of Platt green
ohioctapp · 2002
2 sentences

2021In re Estate of Platt, 148 Ohio App.3d 132 , 2002-Ohio-3382 , ¶13 (11th Dist.). {¶7} R.C. 2115.02 provides, in relevant part: {¶8} Within three months after the date of the executor’s or administrator’s appointment, * * * the executor or administrator shall file with the court an inventory of the decedent’s interest in real property located in this state and of the tangible and intangible personal property of the decedent that is to be administered and that has come to the executor’s or administrator’s possession or knowledge.

2003Id.

22003–2021
State v. Hathman green
ohio · 1992
2 sentences

2007State v. Hathman (1992), 65 Ohio St.3d 403 , paragraph one of the syllabus. *Page 8 {¶ 28} The inventory exception to the warrant requirement exists in order to protect the owner's property while in police custody and to insure against claims of lost or stolen property.

2001According to appellant, "the search of Mr. Patrick's [appellant's] vehicle falls outside this exception to the warrant requirement as it was not conducted in accordance with any standardized policies, procedures or practices." "An inventory search of a lawfully impounded vehicle is a well-defined exception to the warrant requirement of the Fourth Amendment to the United States Constitution." State v. Hathman (1992), 65 Ohio St.3d 403 , 405 .

22001–2007
State v. Thompson neutral
ohioctapp · 2013
1 sentence

2019Montgomery No. 25658, 2013-Ohio-4825 . {¶ 30} Third, Cannady claims that the trial court erred by overruling his motion to suppress, because the State failed to prove that the Magnum was searched consistent with the Dayton Police Department’s Tow Policy. {¶ 31} We have described the inventory exception to the warrant requirement of -11- the Fourth Amendment, stating: “[T]he ‘inventory exception’ to the warrant requirement of the Fourth Amendment permits the police to conduct a warrantless search to produce an inventory of the contents of an impounded vehicle.” To satisfy the inventory exceptio

12019–2019
State v. Woods neutral
ohioctapp · 2012
1 sentence

2017In ruling on the motion to suppress, the trial court disagreed, ultimately determining that the search was lawful pursuant to the inventory exception. {¶ 17} Lewis claims that Officer McCoy's decision to search the hood of the vehicle was investigative, rather than administrative, because the officer was unable to point to specific police policy that required him to search under the hood of a car prior to towing it and because he testified that he commonly finds weapons under the hood of vehicles he searches. {¶ 18} To support his position, Lewis cites this court's decision in State v. Woods ,

12017–2017
State v. Robinson green
ohio · 1979
2 sentences

2014State v. Robinson, 58 Ohio St.2d 478, 480 , 391 N.E.2d 317 (1979); State v. Parker, 2d Dist.

2014State v. Robinson, 58 Ohio St.2d 478, 480 , 391 N.E.2d 317 (1979); State v. Parker, 2d Dist.

12014–2014
State v. Pullen green
ohioctapp · 2012
1 sentence

2014Montgomery No. 24620, 2012-Ohio-1858, ¶ 13 .

12014–2014
State v. Mesa green
ohio · 1999
1 sentence

2011State v. Mesa, 87 Ohio St.3d 105 , 1999-Ohio-253 , 717 N.E.2d 329 ; Crosby.

12011–2011
State v. Taylor green
ohioctapp · 1996
1 sentence

2007Florida v. Wells (1990), 495 U.S. 1 , 4 . {¶ 29} Appellant argues that, pursuant to the decision of the Second Appellate District in State v. Taylor (1996), 114 Ohio App.3d 416 , the officers were not authorized to impound his vehicle.

12007–2007
State v. Murrell green
ohio · 2002
1 sentence

2002In State v. Murrell (2002), 94 Ohio St.3d 489 , the Supreme Court recently adopted the bright-line test regarding automobile searches following a lawful arrest from New York v. Belton (1981), 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 .

12002–2002
New York v. Belton red
scotus · 1981
2 sentences

2002In State v. Murrell (2002), 94 Ohio St.3d 489 , the Supreme Court recently adopted the bright-line test regarding automobile searches following a lawful arrest from New York v. Belton (1981), 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 .

2002In State v. Murrell (2002), 94 Ohio St.3d 489 , the Supreme Court recently adopted the bright-line test regarding automobile searches following a lawful arrest from New York v. Belton (1981), 453 U.S. 454 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 .

12002–2002
State v. Cook green
ohioctapp · 2001
1 sentence

2002In State v. Cook (2001), 143 Ohio App.3d 386 , 389 , we stated: The inventory exception to the warrant requirement of the Fourth Amendment permits the police to conduct a warrantless search to produce an inventory of the contents of an impounded vehicle.

12002–2002
Ornelas v. United States green
scotus · 1996
2 sentences

2001As the United States Supreme Court held in Ornelas v. U.S. (1996), 517 U.S. 690 , 116 S.Ct. 1657 , ". . . as a general matter determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal." As is stated above, appellant initially argues that the search of appellant's vehicle does not fit within the inventory exception to the warrant requirement.

2001As the United States Supreme Court held in Ornelas v. U.S. (1996), 517 U.S. 690 , 116 S.Ct. 1657 , ". . . as a general matter determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal." As is stated above, appellant initially argues that the search of appellant's vehicle does not fit within the inventory exception to the warrant requirement.

12001–2001
In re Estate of Keller green
ohioctapp · 1940
1 sentence

1989In re Keller (App. 1940), 32 Ohio Law Abs. 624, 625 .

11989–1989

Where else courts name it

TX 20 (1990–2015) OH 17 (1989–2021) IN 15 (1992–2023) LA 14 (1980–2018) WA 11 (1968–2019) MI 9 (1976–2021) NY 9 (1968–2021) OR 8 (2012–2021) ID 8 (1992–2025) IL 8 (1978–2025) VA 7 (1980–2024) NM 5 (1993–2025) MA 5 (1990–2015) MN 5 (1997–2016) WY 4 (2013–2025) WI 4 (1942–2024) MD 4 (1975–2017) IA 4 (1984–2024) CA 4 (1967–2023) KS 3 (2018–2019) PA 3 (1978–2020) NE 3 (1990–2000) CO 3 (1985–2021) FL 3 (1981–2025) GA 2 (2014–2014) ND 2 (1985–2013) CT 2 (1991–1993) NH 2 (2000–2003) MS 2 (2001–2005) AK 2 (1982–1996) AL 2 (1986–1993)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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