United States v. William Moore

MEMORANDUM

William Eugene Moore was convicted of Transporting an Illegal Alien following a conditional guilty plea. He appeals the district court’s denial of a motion to suppress the evidence of the illegal alien found in the trunk of his car following an impoundment and subsequent inventory search of the vehicle. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The impoundment of Moore’s, car was reasonable. Community caretaking is an exception to the warrant requirement by which “police officers may impound vehicles that ‘jeopardize public safety and the efficient movement of vehicular traffic.’ ” Miranda v. City of Cornelius, 429 F.3d 858, 864 (9th Cir. 2005) (quoting South Dakota v. Opperman, 428 U.S. 364, 368-69 , 96 S.Ct. 3092 , 49 L.Ed.2d 1000 (1976)). Moore’s car was located in a no parking zone, obstructing a right turn lane and designated bicycle lane, which would have created a hazardous condition. Moore did not have a driver’s license. He concedes that the officer had authority to arrest him. The decision to impound Moore’s vehicle logically followed, and it was not unreasonable. The availability of less intrusive alternatives, such as allowing…