United States Ninth Circuit

Summary judgment for defendants on a Fourth Amendment challenge is reversed where the impoundment of plaintiffs' vehicle following a traffic violation while it was parked on their property was an unreasonable seizure not justified by the community caretaking doctrine.

Appellate Information

• Decided 11/17/2005
• Published 11/17/2005

Judges

• GOULD, Circuit Judge:, Before: FISHER, GOULD, BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Shelly Latin, Oregon Legal Services Corp., Pendleton, OR, (argued);  Spencer M. Neal, Oregon Law Center, Portland, OR, for the plaintiffs-appellants.


• For Appellees:
  
• Gerald L. Warren, Salem, OR, for the defendants-appellees.