No. 18-1006
Response Waived
Tags: 4th-amendment 5th-amendment 6th-amendment civil-rights community-caretaking criminal-procedure fourth-amendment impoundment interrogation law-enforcement minor-offense probable-cause search-and-seizure traffic-stop vehicle-impoundment vehicle-search
Key Terms:
FourthAmendment
FourthAmendment
Latest Conference:
2019-03-22
Question Presented (AI Summary)
Michael-Kevin-Adams
Question Presented (OCR Extract)
QUESTION PRESENTED The warrantless impoundment of an arrested person’s car must be in furtherance of “public safety” or “community caretaking functions.” South Dakota v. Opperman, 428 U.S. 364, 368 (1976). Impoundment is thus generally impermissible if the person has been arrested for a minor offense (presumably, they’ll be released quickly and can return to the car) and the car is parked legally and unobtrusively. But can a police officer impound the unobtrusively parked car of a person arrested for a minor traffic offense if the officer hopes that the person will agree to a lengthy interrogation as to a more serious offense, and thus will be unable to quickly retrieve the car?
Docket Entries
2019-03-25
Petition DENIED.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent Texas to respond filed.
2019-01-29
Petition for a writ of certiorari filed. (Response due March 4, 2019)
Attorneys
Michael Kevin Adams
Robert Nathan Udashen — Udashen Anton, Petitioner
Robert Nathan Udashen — Udashen Anton, Petitioner
Texas
Amy Sue Melo Murphy — Collin County District Attorney's Office, Respondent
Amy Sue Melo Murphy — Collin County District Attorney's Office, Respondent