United States v. Jose Antonio Mercado

McKAY, Circuit Judge.

The issue in this appeal is whether the automobile exception applies to searches of temporarily immobile vehicles. At 11:00 p.m. on July 20, 2000, Appellant, Mr. Mercado, had his malfunctioning minivan towed to a twenty-four-hour tow shop. He inquired about having it towed an additional 320 miles to Denver, Colorado. When Appellant arrived at the tow shop, a highway patrolman, Officer Bushnell, happened to be in the shop in civilian clothes waiting for the owner. Appellant was unaware that he was a police officer. As Appellant discussed towing his vehicle with the tow…