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Michael Kevin Adams v. Texas

Paid petition · Court of Appeals of Texas, Fifth District, No. 05-16-01361-CR · judgment May 24, 2018


Certiorari denied · March 25, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The warrantless impoundment of an arrested person’s car must be in furtherance of “public safety” or “community caretaking functions.” South Dakota v. Opperman, 428 U.S. 364, 368 (1976). Impoundment is thus generally impermissible if the person has been arrested for a minor offense (presumably, they’ll be released quickly and can return to the car) and the car is parked legally and unobtrusively. But can a police officer impound the unobtrusively parked car of a person arrested for a minor traffic offense if the officer hopes that the person will agree to a lengthy interrogation as to a more serious offense, and thus will be unable to quickly retrieve the car?

Counsel of record

For petitioner
Robert Nathan Udashen
Udashen | Anton

For respondent
Amy Sue Melo Murphy
Collin County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 25 2019
    Petition DENIED.
  2. Mar 06 2019
    DISTRIBUTED for Conference of 3/22/2019.
  3. Feb 27 2019
    Waiver of right of respondent Texas to respond filed.
  4. Jan 29 2019
    Petition for a writ of certiorari filed. (Response due March 4, 2019)