In Brewster v. Beck, published June 21, 2017, the 9th Circuit reversed dismissal of a 42 U.S.C. section 1983 class action suit brought by the owner of a vehicle that the Los Angeles Police Department impounded for 30 days. The owner loaned her vehicle to a driver who had a suspended license. When police stopped the driver and learned about his license, they impounded the vehicle under Vehicle Code section 14602.6(a)(1). That statute authorizes impounding a vehicle when the driver has a suspended license. The vehicle must generally be impounded for 30 days. Three days after the impound, the owner showed up at LAPD with proof that she was the registered owner and had a valid driver's license. She offered to pay all towing and storage fees. The LAPD refused to release the vehicle to her before the 30-day period lapsed. The district court ruled that the 30-day impound was a valid administrative remedy.
The 9th Circuit held that regardless of whether the impound was a valid administrative remedy under the Fifth or Fourteenth Amendments, the impound was a seizure under the Fourth Amendment. Although the seizure was initially proper, a seizure lawful at inception may violate the Fourth Amendment if its manner of execution unreasonably infringes possessory interests. A seizure is justified under the Fourth Amendment only to the extent that the government's justification holds force. Thereafter, the government must cease the seizure or provide a new justification. The LAPD provided no justification for continuing to hold the vehicle after the registered owner appeared with a valid driver's license. The court acknowledged that its decision conflicted with a 7th Circuit holding.
Comments