impound and inventory exception (California) · Go Syfert
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impound and inventory exception in California

5 California opinions name it 1 courts 2006–2026 3 in the last five years

The cases below were cited by California 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
Colorado v. Bertinegreen
scotus · 1987 · cited in 2 California opinions naming this issue, 2006–2022
2 sentences

2022(Bertine, supra, 479 U.S. at p. 374 ; Williams, at p. 761.) But “the action taken must nonetheless be reasonable in light of the justification for the impound and inventory exception to the search warrant requirement.” (Williams, at pp. 761-762.) When the impound decision is not reasonable, the resulting inventory search also is not reasonable.

2006(People v. Aguilar (1991) 228 Cal.App.3d 1049, 1053 [ 279 Cal.Rptr. 246 ].) Although a police officer is not required to adopt the least intrusive course of action in deciding whether to impound and search a car (Colorado v. Bertine (1987) 479 U.S. 367, 374 [ 93 L.Ed.2d 739 , 107 S.Ct. 738 ] (Bertine)), the action taken must nonetheless be reasonable in light of the justification for the impound and inventory exception to the *762 search warrant requirement.

12
People v. Aguilargreen
calctapp · 1991 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Aguilar (1991) 228 Cal.App.3d 1049, 1053 [ 279 Cal.Rptr. 246 ].) Although a police officer is not required to adopt the least intrusive course of action in deciding whether to impound and search a car (Colorado v. Bertine (1987) 479 U.S. 367, 374 [ 93 L.Ed.2d 739 , 107 S.Ct. 738 ] (Bertine)), the action taken must nonetheless be reasonable in light of the justification for the impound and inventory exception to the *762 search warrant requirement.

2006(People v. Aguilar (1991) 228 Cal.App.3d 1049, 1053 [ 279 Cal.Rptr. 246 ].) Although a police officer is not required to adopt the least intrusive course of action in deciding whether to impound and search a car (Colorado v. Bertine (1987) 479 U.S. 367, 374 [ 93 L.Ed.2d 739 , 107 S.Ct. 738 ] (Bertine)), the action taken must nonetheless be reasonable in light of the justification for the impound and inventory exception to the *762 search warrant requirement.

11
Florida v. Jimenogreen
scotus · 1991 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Reasonableness is “[t]he touchstone of the Fourth Amendment.” (Florida v. Jimeno (1991) 500 U.S. 248, 250 [ 114 L.Ed.2d 297 , 111 S.Ct. 1801 ].) Morton, the trial court, and respondent relied upon Vehicle Code section 22651, subdivision (h)(1), as authority for impounding appellant’s car.

2006Reasonableness is “[t]he touchstone of the Fourth Amendment.” (Florida v. Jimeno (1991) 500 U.S. 248, 250 [ 114 L.Ed.2d 297 , 111 S.Ct. 1801 ].) Morton, the trial court, and respondent relied upon Vehicle Code section 22651, subdivision (h)(1), as authority for impounding appellant’s car.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
People v. Williams green
calctapp · 2006
2 sentences

2026Reasonableness is ‘the touchstone of the Fourth Amendment.’ ” 6 (People v. Williams (2006) 145 Cal.App.4th 756 , 761–762 (Williams).) “The question is ‘whether a decision to impound or remove a vehicle . . . was reasonable under all the circumstances.’ ” (People v. Duong (2020) 10 Cal.5th 36, 52 .) 6 Section 22650, subdivision (b) similarly provides: “Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and [s]ection 13 of [a]rticle I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendm

2026Reasonableness is ‘the touchstone of the Fourth Amendment.’ ” 6 (People v. Williams (2006) 145 Cal.App.4th 756 , 761–762 (Williams).) “The question is ‘whether a decision to impound or remove a vehicle . . . was reasonable under all the circumstances.’ ” (People v. Duong (2020) 10 Cal.5th 36, 52 .) 6 Section 22650, subdivision (b) similarly provides: “Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and [s]ection 13 of [a]rticle I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendm

32014–2026
People v. Duong green
cal · 2020
2 sentences

2026Reasonableness is ‘the touchstone of the Fourth Amendment.’ ” 6 (People v. Williams (2006) 145 Cal.App.4th 756 , 761–762 (Williams).) “The question is ‘whether a decision to impound or remove a vehicle . . . was reasonable under all the circumstances.’ ” (People v. Duong (2020) 10 Cal.5th 36, 52 .) 6 Section 22650, subdivision (b) similarly provides: “Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and [s]ection 13 of [a]rticle I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendm

2026Reasonableness is ‘the touchstone of the Fourth Amendment.’ ” 6 (People v. Williams (2006) 145 Cal.App.4th 756 , 761–762 (Williams).) “The question is ‘whether a decision to impound or remove a vehicle . . . was reasonable under all the circumstances.’ ” (People v. Duong (2020) 10 Cal.5th 36, 52 .) 6 Section 22650, subdivision (b) similarly provides: “Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and [s]ection 13 of [a]rticle I of the California Constitution, and shall be reasonable and subject to the limits set forth in Fourth Amendm

22026–2026
Halajian v. D & B Towing green
calctapp · 2012
2 sentences

2026(Halajian v. D & B Towing (2012) 209 Cal.App.4th 1, 16 .) “Although a police officer is not required to adopt the least intrusive course of action in deciding whether to impound and search a car [citation], the action taken must nonetheless be reasonable in light of the justification for the impound and inventory exception to the search warrant requirement.

2026(Halajian v. D & B Towing (2012) 209 Cal.App.4th 1, 16 .) “Although a police officer is not required to adopt the least intrusive course of action in deciding whether to impound and search a car [citation], the action taken must nonetheless be reasonable in light of the justification for the impound and inventory exception to the search warrant requirement.

22026–2026

Statutes the citing opinions construe

CA § Cal. Penal Code § 1538.5 (3) CA § Cal. Penal Code § 30305 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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