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