· 5/5/2006
United States v. Coccia
Citations
- 446 F.3d 233
- 2006 U.S. App. LEXIS 11339
- 2006 WL 1195657
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the existence of and an officer’s adherence to a standardized criteria may be helpful in evaluating the reasonableness of an impoundment
- explaining that “it is inappropriate for the existence of (and 20 adherence to) standard procedures to be the sine qua non of a reasonable impound decision”
- reading Bertine “to indicate that an impoundment decision made pursuant to standardized procedures will most likely, although not necessarily always, satisfy the Fourth Amendment”
- explaining, in vehicle impoundment context, that \it is inappropriate for the existence of (and adherence to) standard procedures to be the sine qua non - 21 - of\ reasonable community caretaking functions
- \[T]here were legitimate community caretaking justifications for impounding [the defendant]'s car and there was no evidence that these justifications were merely pretext for an investigatory search.\
- “Caselaw supports the view that where a driver is arrested and there is no one immediately on hand to take possession, the officials have a legitimate non-investigatory reason f[or] impounding the car.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Siler, Howard
Read full opinion on CourtListenerSourced 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.