United States v. John Arrocha
2013 U.S. App. LEXIS 9360
| 8th Cir. | 2013Background
- Arrocha was charged with felon in possession of a handgun and body armor based on evidence from a warrantless vehicle search and a subsequent home search.
- Arrocha entered a conditional guilty plea after the district court denied suppression of the handgun.
- At suppression, the district court found the SUV was towed pursuant to routine policy and impounded under standard procedures.
- Officer King decided to tow the SUV because Arrocha was arrested and could not arrange pickup, and to avoid interference with QuikTrip’s business.
- The inventory search of the towed SUV yielded the handgun; the policy allowed such searches under established procedures, including post-arrest towing of vehicles abandoned on private property.
- Arrocha challenges the tow decision as violating the Fourth Amendment, but the district court and appellate court uphold the warrantless inventory search as reasonable under standard criteria.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the tow was reasonable under Fourth Amendment standards | Arrocha argues tow was not justified | Arrocha’s position adopted; officers acted under standard procedure | Tow permissible under standardized criteria and policy |
| Whether the inventory search followed Bertine/Opperman with proper safeguards | Inventory search was improper without proper discretion | Search conducted under routine policy and safeguards | Search reasonable under established procedures |
| Whether post-arrest private-property tow authority suffices to validate inventory search | Private-property tow authority lacks statutory basis | Procedural Instruction allowed post-arrest towing on private property | Authority adequate under policy; not a Fourth Amendment defect |
Key Cases Cited
- United States v. Opperman, 428 F.3d 364 (U.S. 1976) (inventory search justified when routine and not a ruse)
- Colorado v. Bertine, 479 U.S. 367 (U.S. 1987) (standardized criteria govern impoundment searches)
- United States v. Petty, 367 F.3d 1009 (8th Cir. 2004) (discretion to impound must be fettered by routine, not purely subjective)
- United States v. Frasher, 632 F.3d 450 (8th Cir. 2011) (inventory searches upheld under proper procedures)
- United States v. Garner, 181 F.3d 988 (8th Cir. 1999) (presence of investigative motive does not invalidate valid inventory search)
- United States v. Martin, 982 F.2d 1236 (8th Cir. 1993) (police may take protective custody of a vehicle upon arrest even if parked)