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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.