Public-domain · open source
OpenJurist

374 So. 2d 400

Wilkinson v. State

Supreme Court of Alabama

Decided August 24, 1979

Supreme Court of Alabama · decided 1979-08-24

Cited by 13 later decisions — most recently April 1989

13 state decisions

Relies on South Dakota v. Opperman · Daniels v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-08-24

View the full empirical analysis of this case →

¶1

¶2Writ Denied. In denying this writ we point out that in petition for writ of certiorari, the petitioner contends there is a "conflict" with a prior decision of our Court in Danielsv. State, 290 Ala. 316, 276 So.2d 441 (1973), because in that case we held there were six exceptions to the warrant requirement and that an inventory search was not among the exceptions. It is true that when we wrote Daniels in 1973 "inventory" was not among the exceptions we listed for the very good reason that South Dakota v. Opperman, 428 U.S. 364,96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976) had not been decided. There, the Court held that an inventory search, following a routine practice of securing and inventorying automobile's contents when the same are impounded by local police departments, is not an unreasonable search and seizure. This, then, is a seventh exception to the warrant requirement.

¶3WRIT DENIED.

¶4TORBERT, C.J., and FAULKNER, ALMON and EMBRY, JJ., concur. *401

/374/so2d/400 · .json · Public domain