United States v. Kurt Ernest Hellman

I join in Judge Merrill’s opinion; however, it is appropriate I believe for me to set forth my understanding of that portion of the opinion which pertains to the failure of the government to demonstrate that the inventory search in this case was pursuant to routine practice. Judge Merrill’s opinion which deals with this issue, p. 444, follows closely the approach of Mr. Justice Powell’s concurring opinion in South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000. Both justify an inventory search of an automobile by police without a warrant only in those situations in which, to…