2011 Ohio 2062
Ohio Ct. App.2011Background
- Grigsby was stopped in Union, Ohio after license plate and registration issues flagged by police; cars plates were confiscated due to insurance noncompliance and Grigsby’s license was suspended; the vehicle was left in a closed business parking lot (public parking area) and police sought to impound under local policy; Lieutenant Goudy approved impoundment as inoperable and towed the car; during inventory, Fleck found a loaded ammunition magazine and Grigsby admitted a weapon was in the car; handgun was located under the driver’s seat and ammunition found in the trunk; Grigsby was arrested on gun charges but later released on a citation; Grigsby moved to suppress the gun and ammunition as fruits of an unlawful search; trial court denied suppression; Grigsby pleaded no contest to carrying concealed weapon and the remaining charge was dismissed; conviction resulted in community control for up to five years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether impoundment was authorized by municipal ordinance | Grigsby contends no written authorization existed | Grigsby argues policy lacked constitutionally permissible basis | Yes, impoundment authorized by ordinance |
| Whether confiscation of plates and suspension of license provided authority to impound | Police relied on statute to justify impoundment | Discretion limited by ordinance and license status | Impairment supported by ordinance and suspended license status |
| Whether inventory search was valid incident to lawful impoundment | Search invalid if impoundment unlawful | Inventory search permissible under impoundment framework | Inventory search lawful because impoundment proper |
Key Cases Cited
- Colorado v. Bertine, 479 U.S. 367 (1987) (improperly seized vehicle may be impounded under standard criteria independent of criminal activity)
- Cady v. Dombrowski, 413 U.S. 433 (1973) (reasonableness governs impoundment decisions under Fourth Amendment)
- Iams v. DaimlerChrysler Corp., 174 Ohio App.3d 537 (2007-Ohio-6709) (judgment affirmed on correct reasoning though for different rationale)
- Blue Ash v. Kavanagh, 113 Ohio St.3d 67 (2007-Ohio-1103) (authorization to impound under municipal ordinance)
- State v. Taylor, 114 Ohio App.3d 415 (1996) (impoundment authority not presumed; must be authorized)
- State v. Colopy, 2010-Ohio-2804 (Ohio App.3d 2010) (parking lot impoundment authorized by ordinance)