Jackson v. Superior Court of Kern Cty.

On May 6, 1977, California Highway Patrol Officer John Davis observed petitioner’s vehicle traveling southbound on Highway 99 in Kern County. The automobile was in the fast lane and was weaving erratically in and out of the unpaved center divider. Officer Davis signaled the automobile over, and, after it stopped, asked petitioner to get out. No other passengers were in the car.

Officer Davis and petitioner went to the rear of petitioner’s car where petitioner was asked for his driver’s license. Officer Davis did not request petitioner to produce his registration slip. Petitioner appeared to be intoxicated and was unable to perform field sobriety tests. Thereafter, he was placed under arrest for driving under the influence of intoxicating liquor, was handcuffed, and placed in Officer Davis’ patrol car. When asked what was to be done with his car, petitioner indicated that he wanted the car to remain where it was—on the dirt shoulder of the highway. He also indicated that he did not have anyone to pick it up.

Officer Davis then called a tow truck to haul the car away, despite the fact that it was legally parked and would remain so for four hours.

After…