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7 Virginia opinions name it 3 courts 1980–2024 1 in the last five years
The cases below were cited by Virginia 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.
| Case | Followed | Cited |
|---|---|---|
Williams v. Commonwealthgreen2 sentences2020However, this Court has recognized, Under the community caretaker exception, the police may conduct a warrantless inventory search of a vehicle only if the following conditions are met: “1) the vehicle must be lawfully impounded; 2) the impoundment and subsequent search must be conducted pursuant to standard police procedures; and 3) the impoundment and subsequent search must not be a pretextual surrogate for an improper investigatory motive.” Id. (quoting Williams v. Commonwealth, 42 Va. App. 723, 731 (2004)). “[T]he inventory exception does not apply when the inventory is merely ‘a pretext c 2016This inventory exception to the warrant requirement may only be invoked by the prosecution if the following conditions are met as detailed in Williams v. Commonwealth, 42 Va. App. 723 (2004): (1) the vehicle must be lawfully impounded; (2) the impoundment and subsequent search must be conducted pursuant to standard police procedures; and, (3) the impoundment and subsequent search must not be a pretextual surrogate for an improper investigatory motive. | 1 | 2 |
Reese v. Commonwealthgreen2 sentences2020However, this Court has recognized, Under the community caretaker exception, the police may conduct a warrantless inventory search of a vehicle only if the following conditions are met: “1) the vehicle must be lawfully impounded; 2) the impoundment and subsequent search must be conducted pursuant to standard police procedures; and 3) the impoundment and subsequent search must not be a pretextual surrogate for an improper investigatory motive.” Id. (quoting Williams v. Commonwealth, 42 Va. App. 723, 731 (2004)). “[T]he inventory exception does not apply when the inventory is merely ‘a pretext c 2015While it is true that “inventory searches are not ‘unreasonable’ within the meaning of the Fourth Amendment ... the inventory exception does not apply when the inventory is merely ‘a pretext concealing an investigatory police motive.’ ” Reese, 220 Va. at 1039 , 265 S.E.2d at 749 (quoting Opperman, 428 U.S. at 376 , 96 S.Ct. at 3100 ). | 1 | 2 |
King v. Commonwealthgreen1 sentence2024See King, 39 Va. App. at 309-10 . 7 Though this unpublished Fourth Circuit case is not binding on this Court, we are persuaded by its rationale. | 1 | 1 |
Florida v. Wellsgreen2 sentences2020However, this Court has recognized, Under the community caretaker exception, the police may conduct a warrantless inventory search of a vehicle only if the following conditions are met: “1) the vehicle must be lawfully impounded; 2) the impoundment and subsequent search must be conducted pursuant to standard police procedures; and 3) the impoundment and subsequent search must not be a pretextual surrogate for an improper investigatory motive.” Id. (quoting Williams v. Commonwealth, 42 Va. App. 723, 731 (2004)). “[T]he inventory exception does not apply when the inventory is merely ‘a pretext c 2020Here, the trial court found the search was merely a pretext concealing an investigatory motive by the officers, who wanted to search the car for contraband.4 See Wells, 495 U.S. at 4 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
South Dakota v. Opperman
green
2 sentences2015While it is true that “inventory searches are not ‘unreasonable’ within the meaning of the Fourth Amendment ... the inventory exception does not apply when the inventory is merely ‘a pretext concealing an investigatory police motive.’ ” Reese, 220 Va. at 1039 , 265 S.E.2d at 749 (quoting Opperman, 428 U.S. at 376 , 96 S.Ct. at 3100 ). 2015While it is true that “inventory searches are not ‘unreasonable’ within the meaning of the Fourth Amendment ... the inventory exception does not apply when the inventory is merely ‘a pretext concealing an investigatory police motive.’ ” Reese, 220 Va. at 1039 , 265 S.E.2d at 749 (quoting Opperman, 428 U.S. at 376 , 96 S.Ct. at 3100 ). | 3 | 1980–2015 |
James Dean Cantrell v. Commonwealth of Virginia
green
1 sentence2020However, this Court has recognized, Under the community caretaker exception, the police may conduct a warrantless inventory search of a vehicle only if the following conditions are met: “1) the vehicle must be lawfully impounded; 2) the impoundment and subsequent search must be conducted pursuant to standard police procedures; and 3) the impoundment and subsequent search must not be a pretextual surrogate for an improper investigatory motive.” Id. (quoting Williams v. Commonwealth, 42 Va. App. 723, 731 (2004)). “[T]he inventory exception does not apply when the inventory is merely ‘a pretext c | 1 | 2020–2020 |
Cabbler v. Commonwealth
green
2 sentences2019Cabbler v. Commonwealth , 212 Va. 520 , 522-23, 184 S.E.2d 781 (1971). 2019Cabbler v. Commonwealth , 212 Va. 520 , 522-23, 184 S.E.2d 781 (1971). | 1 | 2019–2019 |
Schaum v. Commonwealth
green
2 sentences2019However, that ruling was based on Schaum v. Commonwealth , 215 Va. 498 , 501, 211 S.E.2d 73 (1975), which justified such searches on the automobile exception and the inventory exception. 2019However, that ruling was based on Schaum v. Commonwealth , 215 Va. 498 , 501, 211 S.E.2d 73 (1975), which justified such searches on the automobile exception and the inventory exception. | 1 | 2019–2019 |
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.