Impoundment of Vehicle For Revoked License Registration, Revoked Plates, and No Insurance Lawful Where Driver Does Not Ask to Make Her Own Towing Arrangements

State v. Rohde, Minn.Ct.App., 12/2/2013.  Police stopped Ms. Rohde’s car on suspicion that she was carrying narcotics.  The officers stopped her after observing a signaling violation.  Ms. Rohde stopped on a two way residential street; the car did not impede traffic, violate any parking laws, or block access to any business or residence on the street.  However, the vehicle’s registration and license plates were revoked and the vehicle had no insurance.  The officers were apparently content with issuing her a citation for these infractions, at least, until they searched the car before having it towed.

Officers conducted an inventory search and found narcotics.  Ms. Rohde challenged the legitimacy of the impoundment and the inventory search.  The court of appeals concluded that under state law the car could not remain on the pubic roadway with revoked license plates and no insurance, so the impoundment was lawful.  Because the impoundment was lawful the inventory search exception permitted the officers to search the vehicle according to its standard procedures for doing so.

Ms. Rohde neglected to inquire if she might make her own arrangements to have the car towed.  The police, however, have no duty to remind her of her apparent right to do this.  See State v. Gauster, 752 N.W.2d 496 (Minn. 2008).