People v. Salaz

The majority holds that a warrantless search under the circumstances of this case does not violate the Fourth Amendment because an arrestee has no reasonable expectation of privacy in property seized by police pursuant to a booking, or inventory, search. See maj. op. at 1277. Because I believe that an arrestee does have a reasonable, although diminished, expectation of privacy in his or her inventoried property, and because the search in this case was conducted without a warrant and therefore was not reasonable under the Fourth Amendment, I respectfully dissent.

I

The facts of this case are…