State of South Dakota, Plaintiff and Respondent v. Donald Opperman, Defendant and Appellant

Summary

The South Dakota Supreme Court held that a warrantless police inventory search of the defendant’s automobile was an unreasonable search under Article VI, § 11 of the South Dakota Constitution and reversed the trial court’s judgment. The Court reasoned that the state constitution can afford greater protection than the Fourth Amendment and that such searches must be limited to items in plain view. Justice Wolman dissented, arguing the inventory search did not violate the state constitution and the trial court should be affirmed.