No. 20-5159

Kristopher Lee Roybal v. Minnesota

Lower Court: Minnesota
Docketed: 2020-07-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland brady-violation due-process fourth-amendment inventory-search misrepresentation ncic-search procedural-due-process procedural-review vehicle-impoundment
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Is impoundment of a vehicle unreasonable under the Fourth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) Is impoundment of a vehicle unreasonable under the Fourth Amendment when custody of the vehicle was obtained by a misrepresentation with respect to a particular towing agency that an officer is going to call to retrieve the vehicle? 2.) Did non-disclosure of two NCIC Query searches of Petitioner’s license plate and one : name search of his identity violate Brady v. Maryland and shake the confidence in the fairness of the contested omnibus hearing? 3.) Was the Petitioner’s right to procedural due process as provided by the 14" amendment violated when the Minnesota Court of Appeals refused to address his supplemental pro se brief when he submitted his case to the trial court under Minnesota Rules of Criminal Procedure 26.01, subdivision 4, which provides that he stipulate to the prosecution’s case in order to obtain appellate review of the district court’s pretrial order, which the parties : agreed was dispositive? 4.) Does the United States Constitution allow an officer to justify his reasons for impoundment, after the fact, when the Cass County Sheriffs Office provides the policy and procedures for towing a vehicle which gets it authority from a State Statute that mandates that this particular officer describe his reasons for towing in a written towing report but fails to do so? 5.) Does the inventory search exception require a bright-line rule as presented in the reason ; : for granting the Writ of Certiorari? ii ST ae ne donee eS ae Ee eR EE NT Le eR a ee Ne a Ie mn Ne ae a Ne RS a ee ee . PARTIES , The parties’ and attorney’s names appear in the caption on the cover of this petition. iii

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent Minnesota to respond filed.
2020-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

Kristopher Lee Roybal
Kristopher Lee Roybal — Petitioner
Kristopher Lee Roybal — Petitioner
Minnesota
Benjamin Thomas LindstromCass County Attorney Courthouse, Respondent
Benjamin Thomas LindstromCass County Attorney Courthouse, Respondent