United States v. Claudio Burgos

MEMORANDUM

Claudio Burgos appeals his conviction for possession with intent to distribute heroin under 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(i). Burgos challenges the district court’s denial of his motion to suppress evidence discovered during a vehicle inventory search, arguing that the impoundment was pretextual and that the arresting officer exceeded the permissible scope of an inventory search by opening a hidden compartment inside the dashboard. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I

The district court did not err in' finding the impoundment valid under the Fourth Amendment. The community caretaking doctrine permits an officer to impound an arrestee’s car to “protect the vehicle and its contents” so long as “standardized criteria” circumscribe the officer’s discretion. See Colorado v. Berime, 479 U.S. 367 , 376 n. 7, 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987). Here, Deputy Tellez’s declaration stated that he acted pursuant to Los Angeles County Sheriffs Department (LASD) policy, which directs its deputies to impound a vehicle when the driver is arrested and no other licensed driver is present to take control of the vehicle, and Cal. VeLCode § 14602.6(a),…