Harris v. United States (390 U.S. 234)/Concurrence Douglas

Mr. Justice DOUGLAS, concurring.

Though Preston v. United States, 376 U.S. 364, 84 S.Ct. 881, 11 L.Ed.2d 777, is not mentioned in the Court's opinion, I assume it has survived because in the present case (1) the car was lawfully in police custody, and the police were responsible for protecting the car; (2) while engaged in the performance of their duty to protect the car, and not engaged in an inventory or other search of the car, they came across incriminating evidence.