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NY: Impoundment for minor traffic infraction with no arrest did not permit inventory

By John Wesley Hall, Jr.

Seizure of a car based on an impoundment ordinance for a minor safety infraction that did not even permit a physical arrest of the driver (taillight out; noise) was unconstitutional because there was no crime. Impoundment was followed by an inventory producing a gun. People v. Iverson, (Rochester NY City Ct. November 18, 2008): Nor was impoundment of defendant's vehicle necessary to enhance public safety or to permit the unimpeded flow of traffic. After being ticketing for the two traffic infractions, defendant was not taken into physical custody. He possessed and showed the police officer his valid driver's license and proof of registration. Defendant's car was neither disabled nor impeding vehicular or pedestrian traffic. Defendant was physically capable of driving the car away...continue to full post

Full post as published by Fourth Amendment on November 28, 2008 (boomark / email).