# Johnson v. State

> Court of Criminal Appeals of Oklahoma · October 25, 1988 · 764 P.2d 530

URL: https://www.frixlaw.com/law-library/cases/9542925

## Case

- **Full name:** Lawrence Joe JOHNSON, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 25, 1988
- **Citations:** 764 P.2d 530; 1988 OK CR 246; 1988 Okla. Crim. App. LEXIS 258; 1988 WL 117698
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Brett, Bussey, Parks
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9542925

## Opinion text

PARKS, Judge,
specially concurring:
I agree with the majority that the United States Supreme Court’s well reasoned decision in Colorado v. Bertine, 479 U.S. 367 , 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987), compared to our prior decision in Avriett v. State, 699 P.2d 666 (Okla.Crim.App.1985), represents the better approach, and is controlling here. The police inventory of the garbage bag in the trunk was pursuant to standardized police departmental procedures, and legitimately furthered the government’s interest in securing the property to guard against claims of theft, vandalism, or negligence. Bertine , at 372-74, 107 S.Ct. at 742 . However, I disagree with the majority’s statement that “the search in Avriett was erroneously invalidate ed_” Majority, at 533. It is unfair to criticize the Avriett opinion in light of Ber-tine, which was decided some twenty (20) months later. I would adopt the Bertine approach and overrule Avriett , and any other prior case, only to the extent such is *536 contrary to Bertine . Accordingly, I concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9542925. Public record. Not legal advice.