Maddox v. State
Court of Appeals of Georgia
1ConcurrenceBeasley, Judge
I concur in the judgment because the items were seized pursuant to a valid inventory search under Opperman1 and Colorado v. Bertine, 479 U. S. 367 (107 SC 738, 93 LE2d 739) (1987), and not because of a search incident to a lawful arrest under the Belton2 principles.
The Belton and Opperman cases and their underlying rationales for motor vehicle searches are different, and it is important to maintain the distinction, as the United States Supreme Court does. These two cases represent two types of warrantless but permissible vehicle searches but not the only two which the Court has identified.…
2Cases cited14 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- United States v. RossSupreme Court of the United States · 1982
- Michigan v. LongSupreme Court of the United States · 1983
- New York v. BeltonSupreme Court of the United States · 1981
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