· 11/17/2005
Jorge Miranda Irene Miranda v. City of Cornelius Acme Towing, Inc.
Citations
- 429 F.3d 858
- 2005 U.S. App. LEXIS 24666
- 2005 WL 3071541
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 16 probable cause of a vehicle violation, standing alone, is not a sufficiently reasonable 17 justification for impoundment under the Fourth Amendment
- holding that the city incurred no liability under § 1983 based solely on a constitutional violation sustained by the 26 KIRKPATRICK V. CTY. OF WASHOE plaintiff where the violation occurred in contravention of the city’s official policy
- holding that the city incurred no liability under § 1983 based solely on a constitutional violation sustained by the 26 KIRKPATRICK V. CTY. OF WASHOE plaintiff where the violation occurred in contravention of the city’s official policy
- stating that a driver’s “citation for 5 a non-criminal traffic violation . . . is not relevant except insofar as it affects the driver’s 6 ability to remove the vehicle from a location at which it jeopardizes the public safety or is 7 at risk of loss.”
- stating, in an impoundment case, that the question upon review “of a state-approved search (or seizure) is not whether the search or seizure was authorized by state law. The question is rather whether the search was reasonable under the Fourth Amendment.”
- “The need to deter a driver’s unlawful conduct is by itself insufficient to justify a tow under the ‘caretaker’ rationale”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fisher, Gould, Bea
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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