Strobhert v. State, 301 S.E.2d 681 (Ga. Ct. App. 1983). · Go Syfert
Strobhert v. State, 301 S.E.2d 681 (Ga. Ct. App. 1983). Cases Citing This Book View Copy Cite
“it is well established that a police seizure and inventory is not dependent for its validity upon the absolute necessity for the police to take charge of property to preserve it. they are permitted to take charge of property under broader circumstances than that.”
82 citation events (34 in the last 25 years) across 5 distinct courts.
Strongest positive: Reid v. the State (gactapp, 2017-06-07)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 17 distinct citers.
examined Cited as authority (quoted) Reid v. the State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
it is well established that a police seizure and inventory is not dependent for its validity upon the absolute necessity for the police to take charge of property to preserve it. they are permitted to take charge of property under broader circumstances than that.
discussed Cited as authority (rule) Shelli Scott v. State
Ga. Ct. App. · 2012 · confidence medium
In Darabaris, the 6 State v. Bell, 259 Ga. App. 328, 330 ( 577 SE2d 39 ) (2003); Whisnant v. State, 185 Ga. App. 51, 53 (2) ( 363 SE2d 341 ) (1987); Mitchell v. State, 178 Ga. App. 244 , 245- 246 (3) ( 342 SE2d 738 ) (1986); Strobhert v. State, 165 Ga. App. 515, 515-516 ( 301 SE2d 681 ) (1983); State v. Ludvicek, 147 Ga. App. 784, 786-787 ( 250 SE2d 503 ) (1978).
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2012 · confidence medium
While many of those cases mention that officers may attempt to ascertain the preference of the owner, our decisions in those cases hinged on the fact that impoundment was unnecessary — or at least that some competent evidence supported a finding that impoundment was unnecessary — because the car was legally and safely parked on private property, a reliable friend was present, authorized, and capable of safely removing the car, or the owner of the car (who was not present at the scene) was not contacted to ask about its removal. 4 See State v. Carter, 305 Ga. App. 814, 818 (2) ( 701 SE2d 20…
discussed Cited as authority (rule) State v. Carter (2×)
Ga. Ct. App. · 2010 · confidence medium
See Bennett v. State, 266 Ga. App. 602, 504 (1) ( 597 SE2d 565 ) (2004); Anthony v. State, 213 Ga. App. 303, 305 (2) ( 444 SE2d 393 ) (1994). 16 See Todd v. State, 275 Ga. App. 459, 461 (1) ( 620 SE2d 666 ) (2005) (motion to suppress properly denied because the defendant failed to demonstrate that he had a reasonable expectation of privacy in his friend’s mobile home); Atwater, 233 Ga. App. at 340-341 (2) (motion to suppress properly denied because the defendant failed to meet his burden to show that he had standing to challenge police officers’ entry into the room that his girlfriend was …
discussed Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2007 · confidence medium
Rooks, Assistant District Attorney, for appellee. 1 Raheem v. State, 275 Ga. 87, 93 (9) ( 560 SE2d 680 ) (2002) (citation and punctuation omitted). 2 McDougal v. State, 277 Ga. 493, 497 (1) ( 591 SE2d 788 ) (2004). 3 See OCGA § 40-6-10 (a) (3) (effective July 1, 2005). 4 Brock v. State, 196 Ga. App. 605, 606 (1) ( 396 SE2d 785 ) (1990). 5 Id. 6 Id. (citation omitted). 7 State v. Ludvicek, 147 Ga. App. 784, 786 ( 250 SE2d 503 ) (1978) (citations omitted). 8 Strobhert v. State, 165 Ga. App. 515, 516 ( 301 SE2d 681 ) (1983) (citations omitted). 9 Id. 10 State v. Howard, 264 Ga. App. 691, 693 ( 5…
discussed Cited as authority (rule) Wright v. State
Ga. · 2003 · confidence medium
Mitchell v. State, 178 Ga. App. 244, 245-246 (3) ( 342 SE2d 738 ) (1986); Strobhert v. State, 165 Ga. App. 515, 516 ( 301 SE2d 681 ) (1983); State v. Darabaris, 159 Ga. App. 121 ( 282 SE2d 744 ) (1981).
discussed Cited as authority (rule) Gooden v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
Considering the evidence in favor of denial of the motion, the State failed to show, as in Stobhert v. State, 165 Ga. App. 515, 516 ( 301 SE2d 681 ) (1983), that impoundment was reasonably necessary and thus a valid incursion into Gooden's Fourth Amendment privacy rights.
discussed Cited as authority (rule) State v. Perry
W. Va. · 1984 · confidence medium
Courts have held that a driver must be given a reasonable opportunity to make some alternative disposition of the vehicle before the police may impound it for the sole purpose of protecting it and its contents from theft or damage. 8 See, e.g., People v. Nagel, 17 Cal.App.3d 492, 497 , 95 Cal.Rptr. 129, 132 (1971); Virgil v. Superior Ct., 268 Cal.App.2d 127, 132-33 , 73 Cal. Rptr. 793, 796-97 (1968); Arrington v. United States, 382 A.2d 14, 18 (D.C.1978); Miller v. State, 403 So.2d 1307 (Fla.1981); Strobhert v. State, 165 Ga.App. 515, 516 , 301 S.E.2d 681, 682 (1983); People v. Velleff, 94 Ill…
discussed Cited "see" State v. Lowe (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Dunkum v. State, 138 Ga. App. 321, 325 (9) ( 226 SE2d 133 ) (1976). “ ‘(T)he individual’s right of privacy is superior to the power of police to impound a vehicle unnecessarily. . . .’ [Cits.]” Strobhert v. State, 165 Ga. App. 515, 516 ( 301 SE2d 681 ) (1983). “ ‘Impoundment of a vehicle is valid only if there is some necessity for the police to take charge of the property. [Cit.]’ [Cit.]” Martin , *230 supra. “In each instance, the ultimate test for the validity of the police’s conduct is whether, under the circumstances then confronting the police, their conduct was…
discussed Cited "see" Wilson v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ); State v. Darabaris, 159 Ga. App. 121 ( 282 SE2d 744 ).
discussed Cited "see" Reed v. State (2×)
Ga. Ct. App. · 1990 · signal: accord · confidence high
Accord Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ) (1983).
discussed Cited "see" Mitchell v. State (2×)
Ga. Ct. App. · 1986 · signal: see · confidence high
See Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ) (1983); State v. Darabaris, 159 Ga. App. 121 ( 282 SE2d 744 ) (1981).
discussed Cited "see" Cooper v. State (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ) (1983); State v. Darabaris, 159 Ga. App. 121 ( 282 SE2d 744 ) (1981).
discussed Cited "see, e.g." Dustin Shaw v. State (2×)
Ga. Ct. App. · 2013 · signal: compare · confidence low
Inapposite to those in this case, the facts supporting the Supreme Court’s decision in Humphreys were that “the vehicle was clearly connected to Humphreys’s arrest; it was a rental vehicle in which Humphreys had been the sole occupant; and it was unsafe to drive, illegally and dangerously parked, and a hazard to traffic. . . .” Id.; compare, e.g., Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ) (1983); State v. Lowe, 224 Ga. App. 228, 231 ( 480 SE2d 611 ) (1997) (impoundment search invalid because vehicle was 5 unconnected to the defendant’s arrest, not parked in a hazardous ma…
discussed Cited "see, e.g." Shaw v. State (2×)
Ga. Ct. App. · 2013 · signal: compare · confidence low
Inapposite to those in this case, the facts supporting the Supreme Court’s decision in Humphreys were that “the vehicle was clearly connected to Humphreys’s arrest; it was a rental vehicle in which Humphreys had been the sole occupant; and it was unsafe to drive, illegally and dangerously parked, and a hazard to traffic....” Id.; compare, e.g., Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ) (1983); State v. Lowe, 224 Ga. App. 228, 231 ( 480 SE2d 611 ) (1997) (impoundment search invalid because vehicle was unconnected to the defendant’s arrest, not parked in a hazardous manner,…
discussed Cited "see, e.g." Strickland v. Vaughn (2×)
Ga. Ct. App. · 1996 · signal: see also · confidence medium
See also Strobhert v. State, 165 Ga. App. 515, 516 ( 301 SE2d 681 ) (1983).
discussed Cited "see, e.g." State v. Evans (2×)
Ga. Ct. App. · 1986 · signal: compare · confidence low
Compare Strobhert v. State, 165 Ga. App. 515 ( 301 SE2d 681 ) (1983). 2.
Strobhert
v.
the State
65651.
Court of Appeals of Georgia.
Feb 22, 1983.
301 S.E.2d 681
Gerald L. Talansky, for appellant., W. Bryant Huff, District Attorney, John Moore, Assistant District Attorney, for appellee.
Banke, Deen, Carley.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Court of Appeals of Georgia (1)
Banke, Judge.

Appellant was arrested for possession of beer in Jones Bridge Park, in violation of a Gwinnett County ordinance. At the time of the arrest, appellant was standing beside a car in his possession which he claimed belonged to a relative. After placing appellant in a patrol car, the arresting officer impounded the parked vehicle and subsequently conducted an inventory search pursuant to standard police procedures. This search disclosed less than one ounce of marijuana and one methaqualone tablet inside the console compartment of the car’s interior, resulting in appellant’s indictment for a violation of the Georgia Controlled Substances Act.

The arresting officer did not discuss with appellant any alternative disposition of the car. Also, he did not contact any relatives of appellant regarding the matter, and did not give appellant’s companion, who was not arrested, the opportunity to remove the vehicle. The park in which the arrest occurred closed at midnight, and vehicles were not allowed to be parked there beyond that time.

In appealing the trial court’s denial of his motion to suppress the evidence discovered by the inventory search, appellant contends that the impoundment of the vehicle and the concomitant search were improper. Held:

Inventory searches have been upheld because they serve three legitimate interests: (1) protection of the property while in custody; (2) protection of the police from potential dangers; and (3) protection of the police against claims of lost or stolen property. South Dakota v. Opperman, 428 U. S. 364 (96 SC 3092, 49 LE2d 1000) (1976); State v. Darabaris, 159 Ga. App. 121 (282 SE2d 744) (1981). Justification of such a search, however, is premised upon the validity of the impoundment of the vehicle. State v. McCranie, 137 Ga. App. 369 (223 SE2d 765) (1976).

“It is well established that a police seizure and inventory is not dependent for its validity upon the absolute necessity for the police to take charge of property to preserve it. They are permitted to take charge of property under broader circumstances than that.” Mooney v. State, 243 Ga. 373, 375 (254 SE2d 337) (1979). Although absolute necessity is not required, however, a seizure must still be reasonable under the circumstances of a case, and the rationale for inventory[*516] searches must inhere in the decision to impound. State v. Darabaris, supra; State v. Thomason, 153 Ga. App. 345 (265 SE2d 312) (1980).

Decided February 22, 1983. Gerald L. Talansky, for appellant. W. Bryant Huff, District Attorney, John Moore, Assistant District Attorney, for appellee.

Under the facts and circumstances of this case, the impoundment of the vehicle was not reasonably necessary. The vehicle was unconnected with the reason for appellant’s arrest, and was legally parked at the time of the arrest.. The arresting officer indicated that there was some confusion as to whether the vehicle belonged to appellant’s mother or sister, but it appears that the officer made no effort to contact either person about the possibility of retrieving the vehicle. Likewise, the arresting officer was aware of the presence of appellant’s companion, yet he did not even inquire into whether the companion could have been trusted with the vehicle. The officer also had not asked about nor given appellant the opportunity to make alternative arrangements for the removal of the vehicle merely because he was under arrest. No other arrangements may have been realized, but the crucial fact here is that the arresting officer made absolutely no effort to explore the possible alternatives.

“[T]he individual’s right of privacy is superior to the power of police to impound a vehicle unnecessarily...” State v. Ludvicek, 147 Ga. App. 784, 786 (250 SE2d 503) (1978); State v. Darabaris, supra. This court has previously adopted the view that when a driver is arrested and a reliable friend is present who may be authorized and capable of removing the vehicle, or where the arrestee expresses some preference for a private towing service, the rationale for impoundment does not exist. Mulling v. State, 156 Ga. App. 404 (274 SE2d 770) (1980); State v. Ludvicek, supra. Similarly, the arresting officer in this case ignored the possible alternatives. As in Mulling and Ludvicek, this utter lack of any reasonable efforts to pursue such possible alternatives made the impoundment unreasonable and the resulting inventory search invalid. The trial court therefore erred in denying appellant’s motion to suppress.

Judgment reversed.

Deen, P. J., and Carley, J., concur.