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766 P.2d 1002

Hall v. State

Court of Criminal Appeals of Oklahoma

Decided December 8, 1988

Court of Criminal Appeals of Oklahoma · decided 1988-12-08

Cited by 1 later decisions — most recently October 2004

1 state decisions

Relies on Colorado v. Bertine · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-12-08

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PARKS, Judge,

¶1Specially Concurring:

¶2I write separately only to comment on appellant’s second assignment of error regarding the inventory search of his vehicle. The United States Supreme Court recently addressed the issue of proper inventory searches in Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 742, 93 L.Ed.2d 739 (1987). In Bertine, the Supreme Court clarified the status of an inventory search by explaining that neither the policies behind the warrant requirement nor the concept of probable cause is implicated by an inventory search.

¶3In the present case, I must agree that the search was conducted in order to inventory the contents of the vehicle. As such, the evidence was discovered pursuant to a constitutionally valid exception to the “warrant” requirement. See Johnson v. State, 764 P.2d 530 (Okla.Crim.App.1988).

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