Code of Criminal Procedure · Dakota v. Opperman

Dakota v. Opperman

Dakota v. Opperman is covered under Dakota v. Opperman and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Vehicle lawfully impounded; Inventory conducted pursuant to standardized procedures; Not pretext for general investigation.

Elements you must prove

  • Vehicle lawfully impounded
  • Inventory conducted pursuant to standardized procedures
  • Not pretext for general investigation

Practice 1 question on this topic

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Worked examples

Worked example 1

An inventory search of a lawfully impounded vehicle must be:

  1. Done at the discretion of the officer
  2. Conducted pursuant to a standardized agency policy or procedure, not as a pretext for investigative search Correct
  3. Limited to the trunk only
  4. Done only at headquarters
Why: Inventory searches are administrative — they must follow established agency procedures and cannot be a ruse for an investigative search. Items found may be admissible.
Statute: South Dakota v. Opperman; Colorado v. Bertine