Whether an officer with a motive to search for incriminating evidence may impound a vehicle and inventory its contents in contravention of the standard tow policy

QUESTIONS PRESENTED This case involves the impoundment and inventory search of a disabled vehicle by a law enforcement officer with an explicitly stated investigatory motive to search the car for evidence of a crime. Under the city’s tow policy, the driver of a disabled vehicle that obstructed traffic could request a tow by any licensed tow service located within the city and the law enforcement officer was directed to contact the tow service on behalf of the driver. In this case, the driver of a disabled vehicle requested assistance with a tow, but the officer refused to contact a tow service on the driver’s behalf. Acting on a hunch that the vehicle might be stolen or contain stolen property, the officer impounded and searched the vehicle and found methamphetamine. The driver sought to suppress the methamphetamine and all incriminating evidence, arguing that the officer did not adhere to the tow policy and that the inventory of the vehicle’s contents was a mere pretext for a search for evidence of a crime. The United States Court of Appeals for the Eighth Circuit upheld the search and seizure, concluding that a reasonable interpretation of the tow policy permitted the officer to treat the vehicle as an “abandoned vehicle” that had to be towed under the policy. United States v. Green, 929 F.3d 989 (8th Cir. 2019). The court i did not address the officer’s motive to search for incriminating evidence, other than to say his actions were “largely” based on concerns related to his community caretaking function and his “sole purpose” for impounding the vehicle was not to investigate criminal activity. Id. at 995. This Court should grant certiorari to address whether an officer with a motive to search for incriminating evidence may impound a vehicle and inventory its contents in contravention of the standard tow policy adopted by the local police department. ii