Question

Explain the limitations on each type of constitutional inventory.

Answer 1

There are two types of inventories which are vehicle and person inventories.

Vehicle Inventories

This happens in various circumstances. For example, when a car is impounded for traffic or parking violations. The court states that this is carried out on administrative and regulatory grounds South Dakota v. Opperman, 428 U.S. 364 (1976). However, the law is clear on the manner in which this shall be done. It is limited to the law and operates within the standard operating procedures. Therefore, the police shall conduct themselves within the standard of operations.

Person Inventories

In this case, there is a general rule that allows the police may search an arrestee and his or her personal items. Such items include containers found in his or her possession. This is done as part of common procedures of inventory incident to the booking and jailing procedures. When persons are found to have inventories that are against the law, then they are punished as per the law. However, the law require that all personal inventories must be carried out within the law of the land. The police shall not violate the standards set thereof.Illinois v. Lafayette, 462 U.S. 640 (1983), the court stated that neither a probable cause nor search warrant is required.