Legal Opinion

State v. Perry

West Virginia Supreme Court

Decided December 18, 1984No. 16318PublishedCited by 5 opinions

1Opinion of the Court

MILLER, Justice:

This is an appeal from a forfeiture proceeding involving an automobile allegedly used to transport marijuana. 1 Two questions are raised regarding the inventory search of the vehicle, which is the means whereby marijuana was found in the locked trunk of the vehicle. First, was the arresting officer required to permit David Perry, the defendant, to make some alternative arrangement to police impoundment of the car? Second, did the police exceed the scope of a valid inventory search by opening the locked trunk of the vehicle? We answer the first issue in the affirmative and…

2Cases cited36 opinions

  1. United States v. RossSupreme Court of the United States · 1982
  2. South Dakota v. OppermanSupreme Court of the United States · 1976
  3. Oregon v. HassSupreme Court of the United States · 1975
  4. Illinois v. LafayetteSupreme Court of the United States · 1983
  5. People v. BrnjaNew York Court of Appeals · 1980

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3Cited by5 opinions

  1. State v. YorkWest Virginia Supreme Court · 1998
  2. Commonwealth v. EddingtonMassachusetts Supreme Judicial Court · 2011
  3. State of West Virginia v. James Earl Noel, Jr.West Virginia Supreme Court · 2015
  4. State v. NoelWest Virginia Supreme Court · 2015
  5. United States v. Damon Stradwick, United States of America v. Daryl Smith, United States of America v. Personne Elrico McGheeCourt of Appeals for the Fourth Circuit · 1995

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