83 Nev. 100 - Heffley v. State

How this case has been cited

Cited by 57 later decisions — most recently October 1997 · most notably 73 Wash. 2d 381 - State v. Montague (1968), Taylor v. State (1967)

6 federal appellate · 51 state decisions — followed in 16 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Thompson, C. J.,

¶1dissenting:

¶2I would set aside this conviction on the authority of Preston v. United States, 376 U.S. 364 (1964), and Thurlow v. State, 81 Nev. 510, 406 P.2d 918 (1965). A warrantless search of *107the defendant’s car at a time when he was in jail and at a place remote from the place of his lawful arrest is not constitutionally permissible. I find no suggestion in the search and seizure opinions of the United States Supreme Court that securing an inventory of items in the defendant’s car somehow makes those items constitutional evidence in a later trial for a crime wholly unrelated to the initial arrest. Such a notion completely destroys the rationale of Preston and, I think, is a transparent effort to avoid its doctrine.

¶3I dissent.