Colorado v. Bertine

Background

A man, Steven Lee Bertine, was arrested in Boulder, Colorado, for driving while under the influence. Before a tow truck arrived, a backup officer inspected the van and opened a closed backpack. The officer found cocaine, methaqualone, drug paraphernalia, and large sums of cash. Bertine was charged with driving under the influence and drug possession offenses. At trial, the court found probable cause and that officers acted in good faith, but suppressed the evidence under the state constitution. The Colorado Supreme Court reversed, relying on federal Fourth Amendment protections, and the U.S. Supreme Court agreed to decide the federal question.

Reasoning

The central question was whether the Fourth Amendment bars using items found when police open closed containers during a vehicle inventory after an arrest. The Court held it does not when officers follow standardized, good-faith inventory procedures. The majority said inventories serve to protect owners’ property, guard against false claims, and protect police, and that officers need a single familiar standard instead of case-by-case balancing. The Court reversed the Colorado Supreme Court. A concurring opinion stressed the same rule but emphasized standardized procedures are essential. A dissenting opinion argued the Boulder procedures gave officers too much discretion and that a backpack carries strong privacy expectations.

Real world impact

The decision permits police to open closed bags and containers found in impounded vehicles if local rules require inventories and officers act in good faith. This makes evidence from such inventories more likely to be admitted in criminal cases and may change how police handle impounds. The dissent warns the ruling could weaken privacy protections and calls for stricter limits on discretionary impoundment and inventories.