Jason M. Potter v. United States

Whether the warrantless impoundment and subsequent inventory search of a vehicle violates the Fourth Amendment when the operator has not been arrested or taken into custody as expressly required under state law (Mo. Rev. Stat. §304.155 (5)). If so whether the U.S. Court of Appeals erred in upholding the Constitutionality of an impoundment and inventory search that directly conflicts with explicit state statutory limitations on such police conduct. Whether the impoundment and subsequent search of Mr. Potter’s vehicle by city police was contrary to state law and violated his Constitutional rights under the Fourth and Fourteenth Amendments. If so whether the U.S. Court of Appeals failure to follow this court’s precedent regarding the Rules of Statutory Construction violated Mr. Porter’s rights to due process under the Fifth and-F-ourteenth-Amendments— - -—:------- -- — ---------------- -- —