Jorge Miranda Irene Miranda v. City of Cornelius Acme Towing, Inc.

We consider a constitutional challenge to the impoundment of a vehicle from the owners’ driveway after a police officer observed the husband teaching his unlicensed wife how to drive. Plaintiffs Mr. Jorge and Mrs. Irene Miranda (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants City of Cornelius (the “City”) and Acme Towing, Inc. (collectively “Defendants”) and the denial of Plaintiffs’ motion for partial sum: mary judgment on Plaintiffs’ claim that Defendants’ impoundment of their vehicle violated their constitutional rights under the Fourth and Fourteenth Amendments. Plaintiffs allege that the impoundment was an unreasonable seizure under the Fourth Amendment because it conflicts with the principles of the community caretaking doctrine. Generally, the community care-taking doctrine allows the police to impound where necessary to ensure that the location or operation of vehicles does not jeopardize the public safety. We hold that, under the special circumstances of this case, the impoundment of Plaintiffs’ vehicle was an unreasonable seizure not justified by the community caretaking doctrine because the police have no duty to protect a vehicle…