United States v. McKinnon
681 F.3d 203
5th Cir.2012Background
- In February 2010, Zia stopped McKinnon for an expired registration sticker and arrested him when he failed to produce a license.
- Under HPD towing policy, Zia impounded the vehicle and conducted an inventory search during the tow.
- An armed revolver was found during the inventory search, leading to a federal indictment for felon in possession of a firearm and ammunition.
- Prior to trial, McKinnon moved to suppress the revolver and pre-Miranda statements; the district court suppressed the statements but admitted the revolver and ammunition.
- McKinnon pleaded guilty while reserving his right to appeal the denial of suppression; he was sentenced to 30 months.
- On appeal, McKinnon challenges the impound decision as well as the inventory search as unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the impoundment was reasonable under the Fourth Amendment | McKinnon argues HPD policy gave officers excessive discretion to tow, making impoundment unconstitutional. | Government contends impoundment was reasonable under community caretaking and statutory policy. | Yes; impoundment was reasonable under the Fourth Amendment. |
| Whether the inventory search complied with the Fourth Amendment | Search was a pretext to rummage for evidence and not conducted under standardized policy. | Search followed an established HPD policy restricting container searches and serving custodial purposes. | Yes; search was reasonable under a constitutionally adequate policy. |
| Whether the officer's subjective motive invalidates the inventory search | Zia's ulterior motive could render the search unconstitutional. | Objective reasonableness governs; motive is irrelevant. | No; motive irrelevant; search remains valid. |
Key Cases Cited
- United States v. Castro, 166 F.3d 728 (5th Cir. 1999) (community caretaking exception and standard-based review)
- United States v. Bertine, 479 U.S. 367 (1987) (discretion limited by standard criteria in impoundment)
- United States v. Lage, 183 F.3d 374 (5th Cir. 1999) (inventory searches require standardized procedures to prevent rummaging)
- Florida v. Wells, 495 U.S. 1 (1990) (inventory searches must follow reasonable, standardized procedures)
- United States v. Ponce, 8 F.3d 989 (5th Cir. 1994) (inventory searches tied to caretaking and property safety)
- United States v. Staller, 616 F.2d 1284 (5th Cir. 1980) (recognition of community caretaking function)
- Opperman, 428 U.S. 364 (Supreme Court 1976) (impoundment for public safety and caretaking purposes)