United States v. Alejandro Garcia Ibarra, 955 F.2d 1405 (10th Cir. 1992). · Go Syfert
United States v. Alejandro Garcia Ibarra, 955 F.2d 1405 (10th Cir. 1992). Cases Citing This Book View Copy Cite
150 citation events (61 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. O'Neil (ca10, 2023-03-17) · Strongest negative: United States v. Sitlington (ca10, 2013-06-13)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Sitlington
10th Cir. · 2013 · signal: but see · confidence high
See, e.g., Haro-Salcedo, 107 F.3d at 773-74 ; United States v. Horn, 970 F.2d 728, 732 (10th Cir.1992); but see United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir. 1992) (declining to apply the inevitable discovery doctrine where an inventory search was preceded by an unlawful impoundment).
discussed Cited "but see" United States v. Andas-Gallardo (2×) also: Cited "see"
10th Cir. · 2001 · signal: but see · confidence high
But see Ibarra, 955 F.2d at 1410 (refusing to apply inevitable discovery doctrine where the preceding impoundment was unlawful).
discussed Cited as authority (verbatim quote) United States v. O'Neil
10th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
f evidence seized unlawfully would have been inevitably discovered in a subsequent inventory search, such evidence would be admissible.
discussed Cited as authority (verbatim quote) United States v. Killblane
10th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
f evidence seized unlawfully would have been inevitably discovered in a subsequent inventory search, such evidence would be admissible.
examined Cited as authority (verbatim quote) United States v. Sanders (5×) also: Cited as authority (rule)
10th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
clearly, police officers must have a certain amount of discretion in determining what threatens public safety.
discussed Cited as authority (verbatim quote) United States v. Tueller
10th Cir. · 2003 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
f evidence seized unlawfully -7- would have been inevitably discovered in a subsequent inventory search, such evidence would be admissible.
examined Cited as authority (verbatim quote) United States v. Ramos Morales (2×) also: Cited as authority (rule)
1st Cir. · 1992 · signal: see also · quote attribution · 1 verbatim quote · confidence high
lthough ______ the district court's factual findings are subject to a clearly erroneous' standard of review, the ultimate determination of the reasonableness of . . . seizure and search is a question of law to be reviewed by this court de novo.
discussed Cited as authority (rule) Katelan Demetrice Johnson a/k/a Katelan D. Johnson v. State of Mississippi
Miss. Ct. App. · 2026 · confidence medium
Ct. App. 2019) (quoting Dies v. State, 926 So. 2d 910, 917 (¶20) (Miss. 2006)). “[W]e are bound by the trial judge’s findings as to the underlying ‘historical facts’ unless those findings are ‘clearly erroneous.’” Id. “‘The ultimate determination of the reasonableness of’ the impoundment, however, ‘is a question of law to be reviewed . . . de novo.’” United States v. Trujillo, 993 F.3d 859, 864 (10th Cir. 2021) (quoting United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir. 1992)). ¶12.
discussed Cited as authority (rule) United States v. Trujillo
10th Cir. · 2021 · confidence medium
DISCUSSION We review the district court’s findings of fact for clear error, viewing “the evidence . . . in the light most favorable to the district court findings.” United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir. 1992). “[T]he ultimate determination of the reasonableness of” the impoundment, however, “is a question of law to be reviewed by this court de novo.” Id.
cited Cited as authority (rule) United States v. Powell
10th Cir. · 2020 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir. 1992).
cited Cited as authority (rule) United States v. Nickleberry
D. Utah · 2016 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
discussed Cited as authority (rule) United States v. McCarty
D. Kan. · 2015 · confidence medium
“The Fourth Amendment protects individuals and their property from unreasonable searches and seizures by the government.” United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992) (citing United States v. Place, 462 U.S. 696, 700 , 103 S.Ct. 2637 , 77 L.Ed.2d 110 (1983)).
discussed Cited as authority (rule) United States v. Martinez
10th Cir. · 2008 · confidence medium
In regard to roadside car searches, “[i]f evidence seized unlawfully would have been inevitably discovered in a subsequent inventory search, such evidence would be admissible.” United States v. Tueller, 349 F.3d 1239, 1243 (10th *1274 Cir.2003) (quoting United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir.1992)).
cited Cited as authority (rule) United States v. Brooks
10th Cir. · 2006 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) Taylor v. State
Ind. Ct. App. · 2004 · confidence medium
LaFave, SEarce & SEIZURE § 7.3(c) Grd ed.1996) (quoting United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992)).
discussed Cited as authority (rule) United States v. Aguilar
D.N.M. · 2004 · confidence medium
The Tenth Circuit held: “[t]he question whether or not the trooper conducted a proper inventory search is moot. ‘[I]f evidence seized unlawfully would have been inevitably discovered in an subsequent inventory search, such evidence would be admissible.’ ” Id. at 732 (citing United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir.1992)).
discussed Cited as authority (rule) United States v. Howe
D. Utah · 2003 · confidence medium
Id.; see also Haro-Salcedo, 107 F.3d at 773-74 (10th Cir.1997) ("This court has affirmed the inevitable discovery doctrine in the context of an illegal search which preceded lawful impoundment and inventory."); United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir.1992) ("{I]f evidence seized unlawfully would have been inevitably discovered in a subsequent inventory search, such evidence would be admissible.").
discussed Cited as authority (rule) United States v. Sandos
10th Cir. · 2003 · confidence medium
Mr. Sandos relies upon United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992), and Pappas, 735 F.2d at 1234 , as supporting his position that the police must allow a defendant to explore alternatives to impoundment, i.e. finding another to take custody of the vehicle.
cited Cited as authority (rule) United States v. Logan
D. Kan. · 2002 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
discussed Cited as authority (rule) United States v. Balderama-Federico
10th Cir. · 2002 · confidence medium
In Flores, 48 F.3d at 468 , the defendant "slammed the trank closed.” However, in that case we found it unnecessary to decide whether the closing of the trunk revoked prior consent to search the trank, since we went on to hold that there was a "renewed subsequent consent.” In United States v. Ibarra, 955 F.2d 1405, 1411 (10th Cir.1992), in rejecting the government’s theory of "continuing consent” on other grounds, we suggested, but did not hold, that the defendant may have revoked his initial consent by closing and locking the trank. 4 .
cited Cited as authority (rule) United States v. Mikulski
D. Utah · 2001 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992); United States v. Carreon, 872 F.2d 1436, 1441 (10th Cir.1989).
discussed Cited as authority (rule) United States v. Green
10th Cir. · 1999 · signal: cf. · confidence medium
A violation of state law may or may not form the basis for *1106 suppression on Fourth Amendment grounds.” Price, 75 F.3d at 1443-44 (citations omitted); cf. Ibarra, 955 F.2d at 1409-10 (conducting a Fourth Amendment inquiry even after finding that the state statute was violated).
discussed Cited as authority (rule) People v. $48,715 United States Currency
Cal. Ct. App. · 1997 · confidence medium
(See U.S. v. Ibarra, supra, 955 F.2d at p. 1411, fn. 8 ; cf. Burrows v. Superior Court (1974) 13 Cal.3d 238, 251 [ 118 Cal.Rptr. 166 , 529 P.2d 590 ].) Even if we were to find the detention here illegal, it did not produce or lead to the search.
discussed Cited as authority (rule) United States v. Saul Haro-Salcedo (2×) also: Cited "see"
10th Cir. · 1997 · confidence medium
Legitimacy of ownership could not have concerned the officers in Ibarra, 955 F.2d 1405, 1407 (10th Cir.1992), however, since they were prepared to allow defendant’s passenger to assume driving duties and take custody of the car.
discussed Cited as authority (rule) United States v. Haro-Salcedo (2×) also: Cited "see"
10th Cir. · 1997 · confidence medium
Legitimacy of ownership could not have concerned the officers in Ibarra, 955 F.2d 1405, 1407 (10th Cir. 1992), however, since they were prepared to allow defendant’s passenger to assume driving duties and take custody of the car. -7- III.
discussed Cited as authority (rule) United States v. Christopher Duguay (2×)
7th Cir. · 1996 · confidence medium
See, e.g., United States v. Ramos-Morales, 981 F.2d 625, 627 (1st Cir.1992); Cabbler v. Superintendent, 528 F.2d 1142, 1145-46 (4th Cir.1975); United States v. Staller, 616 F.2d 1284, 1290 (5th Cir.), cert. denied, 449 U.S. 869 , 101 S.Ct. 207 , 66 L.Ed.2d 89 (1980); United States v. Balanow, 528 F.2d 923, 924 (7th Cir.1976); United States v. Agofsky, 20 F.3d 866, 872-73 (8th Cir.1994); United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) United States v. Rios
10th Cir. · 1996 · confidence medium
Ibarra, 955 F.2d 1405, 1411-12 (Baldock, J., concurring). 4 .Rios offered no evidence that the Mustang was validly registered under the laws of Wyoming, his state of residence.
discussed Cited as authority (rule) United States v. Bobby Gene Richardson (2×) also: Cited "see, e.g."
10th Cir. · 1996 · confidence medium
We are not prohibited from considering state law, see United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992)(considering Wyoming law in Fourth Amendment context), although such consideration may not enlarge nor diminish federal law, Elkins, 364 U.S. at 224 , 80 S.Ct. at 1447-49 .
cited Cited as authority (rule) United States v. Haro
D. Utah · 1995 · confidence medium
Also, relevant to the issue is United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir.1992).
cited Cited as authority (rule) United States v. Maria Ann Richardson
10th Cir. · 1995 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992). 50 The court acknowledges that it is supposed to view the evidence in the light most favorable to the district court's findings.
cited Cited as authority (rule) United States v. Carol Spendlove
10th Cir. · 1995 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992). 17 Law enforcement officers may impound an automobile until the ownership of the vehicle can be ascertained.
cited Cited as authority (rule) United States v. Mary Ramona Flores
10th Cir. · 1995 · signal: cf. · confidence medium
Cf. United States v. Ibarra, 955 F.2d 1405, 1411 (10th Cir.1992) (speculating that a defendant may have revoked his consent, by closing and locking the trunk of his vehicle).
cited Cited as authority (rule) United States v. Florez
D.N.M. · 1994 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992) (citing United States v. Place, 462 U.S. 696, 700, 103 S.Ct. 2637, 2641 , 77 L.Ed.2d 110 (1983)).
cited Cited as authority (rule) United States v. Jerry Michael Stricklen
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) United States v. Salvador Parra, Also Known as Salvador Ledezma, United States of America v. Jose Alfredo Sotelo, Also Known as Ricardo Duarte
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) United States v. Charles Edward McIntyre
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992); United States v. McAlpine, 919 F.2d 1461, 1463 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Carmen Maria Maestas (2×)
10th Cir. · 1993 · confidence medium
See, e.g., Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501, 2509 , 81 L.Ed.2d 377 (1984) (holding that the government has the burden of proving inevitable discovery); Coolidge v. New Hampshire, 403 U.S. 443, 455 , 91 S.Ct. 2022, 2032 , 29 L.Ed.2d 564 (1971) (holding that the government has the burden of proving an exception to the warrant requirement and discussing the search-incident-to-arrest exception, the automobile exception, and the plain-view-seizure exception); Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868, 1880 , 20 L.Ed.2d 889 (1968) (stating in traffic stop case that “in justi…
cited Cited as authority (rule) United States v. Arthur Marvin Lowe
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
discussed Cited as authority (rule) United States v. Gregory Douglas Seslar and Meredit Tarcisio Mayorga
10th Cir. · 1993 · confidence medium
Because the government bears the ultimate burden of demonstrating the reasonableness of a warrantless seizure, see United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992), we assume that the defendants were not motor carriers and address only the government’s argument that the provisions authorize Kansas officials to stop any truck, whether operated by a motor carrier or not, to first determine whether it is carrying a commercial load.
cited Cited as authority (rule) United States v. J.C. Chatman, True Name Jon Chatman
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) United States v. Ronnie Darnell Miller
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) United States v. John Morgan Flanagan
10th Cir. · 1993 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992) (citing United States v. Pena, 920 F.2d 1509, 1513-14 (10th Cir.1990), cert. denied, 111 S.Ct. 2802 (1991)).
examined Cited as authority (rule) United States v. Wilberto Ramos-Morales (4×) also: Cited "see, e.g."
1st Cir. · 1992 · confidence medium
See also, United States v. Carbajal, 956 F.2d 924, 930 (9th Cir.1992) (burden is on government to show reasonableness of warrantless search including demonstrating that search comes within one of the narrow exceptions to warrant requirement); Ibarra, 955 F.2d at 1409-10 (government bears burden of showing warrantless seizure of auto satisfies exception to Fourth Amendment); United States v. Rutkowski, 877 F.2d 139, 141 (1st Cir.1989) (government has burden of establishing entitlement to "plain view" exception to Fourth Amendment's warrant requirement); Wayne R.
cited Cited as authority (rule) United States v. David M. Lugo
10th Cir. · 1992 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992).
examined Cited as authority (rule) United States v. Richard W. Laboy (4×)
10th Cir. · 1992 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir.1992).
cited Cited as authority (rule) United States v. Lugo
10th Cir. · 1992 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1408 (10th Cir.1992).
cited Cited as authority (rule) United States v. James Garry Horn
10th Cir. · 1992 · confidence medium
United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir. 1992).
discussed Cited "see" United States v. Braxton
10th Cir. · 2023 · signal: see · confidence high
See United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir. 1992) (finding no inevitable discovery because although inventory search was valid, “no inventory of the contents of defendant’s vehicle could have been conducted but for the unlawful impoundment of the vehicle”).
cited Cited "see" United States v. Neugin
10th Cir. · 2020 · signal: see · confidence high
See United States v. Ibarra, 955 F.2d 1405, 1410 (10th Cir. 1992).
cited Cited "see" United States v. Andas-Gallardo
10th Cir. · 2000 · signal: see · confidence high
See United States v. Ibarra, 955 F.2d 1405, 1409 (10th Cir. 1992).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Alejandro Garcia IBARRA, Defendant-Appellee
90-8018.
Court of Appeals for the Tenth Circuit.
Feb 5, 1992.
955 F.2d 1405
Richard A. Stacy, U.S. Atty., and Lisa E. Leschuck, Asst. U.S. Atty., D. Wyo., Cheyenne Wyo., on the briefs for plaintiff-appellant., Stephen M. Kissinger, Cheyenne, Wyo., on the briefs for defendant-appellee.
McKay, Baldock, Kane.
Cited by 83 opinions  |  Published
Pinpoint authority: bottom 54%
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Richard A. Stacy, U.S. Atty., and Lisa E. Leschuck, Asst. U.S. Atty., D. Wyo., Cheyenne Wyo., on the briefs for plaintiff-appellant.

Stephen M. Kissinger, Cheyenne, Wyo., on the briefs for defendant-appellee.

Before McKAY, Chief Judge, BALDOCK, Circuit Judge, and KANE,1 District Judge.

McKAY, Chief Judge.

Lead Opinion

McKAY, Chief Judge.

On March 24, 1989, defendant was arrested and charged with possession with intent to distribute cocaine under 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(ii) (1988). On November 15, 1989, the United States District Court for the District of Wyoming ordered suppressed certain evidence critical to the government’s case against defendant. United States v. Ibarra, 725 F.Supp. 1195 (D.Wyo.1989). The government subsequently filed a motion for reconsideration, which the district court rejected on January 3, 1990. United States v. Ibarra, 731 F.Supp. 1037 (D.Wyo.1990). The government then appealed the suppression order to this court. We rejected the government’s appeal, holding that the thirty-day period in which to timely file an appeal began running on the date of the district court’s original order rather than on the date the district court denied the government’s motion for reconsideration. United States v. Ibarra, 920 F.2d 702 (10th Cir.1990), vacated, — U.S. —, 112 S.Ct. 4, 116 L.Ed.2d 1 (1991). Because more than thirty days had elapsed between the filing of the original order and the government’s appeal, we dismissed the appeal. Id. The government appealed that dismissal to the United States Supreme Court, which vacated our decision. United States v. Ibarra, — U.S. -, 112 S.Ct. 4, 116 L.Ed.2d 1 (1991). We therefore now proceed to consider the merits of the government’s earlier appeal to this court.

I.

On March 24, 1989, defendant and a companion were travelling east on Interstate 80 through Wyoming at a lawful rate of speed in a white 1981 Oldsmobile Cutlass with California license plates. During this time, Wyoming Highway Patrolman Scott Mahaffey observed that defendant appeared to be driving at a slower speed than other traffic and weaving within his marked lane. Suspecting that defendant may have been intoxicated, Officer Mahaf-fey followed the vehicle for approximately five miles. While following the vehicle, Officer Mahaffey saw it pass two other vehicles without signaling. Officer Mahaf-fey also observed defendant’s vehicle cut in front of another vehicle. After noticing further intermittent weaving, Officer Ma-haffey then stopped the vehicle to determine whether the defendant was intoxicated.

Officer Mahaffey approached the driver’s side of the vehicle and asked defendant for his driver’s license, which defendant promptly produced. When Officer Mahaf-fey informed defendant that he had stopped him for failing to signal prior to making lane changes, defendant responded[*1407] that he thought he had signaled, but perhaps he had not. Although Officer Mahaf-fey stated that he had stopped defendant for suspicion of driving under the influence of alcohol, he failed to pursue an investigation of this possible offense other than by conducting a cursory examination of defendant’s appearance and behavior.

Officer Mahaffey then returned to his patrol car to issue a warning ticket to defendant and to run a check on defendant’s driver’s license. This check revealed that defendant’s license had expired. Using his loudspeaker, Officer Mahaffey requested that defendant bring his vehicle registration to the patrol car. When defendant complied, Officer Mahaffey told defendant about the expired license and wrote a citation which required defendant to post a $220 appearance bond in order to avoid immediate arrest. Defendant returned to his vehicle and produced the required bond money.

After receiving the money for the bond, Officer Mahaffey told defendant that the ownership of the vehicle was in doubt because the registration and ownership certificate bore the name of Charles J. Petrocchi. Defendant explained that he had recently purchased the vehicle from Mr. Petrocchi. Officer Mahaffey then asked his dispatcher to try to contact Mr. Petrocchi to determine whether the vehicle in fact belonged to defendant. Meanwhile, a second Wyoming highway patrol officer arrived at the scene and sat in the back seat of Officer Mahaf-fey’s patrol car.

Defendant then told Officer Mahaffey that he had only $40 remaining with which to travel to Chicago. Officer Mahaffey asked defendant the reason for his travel to Chicago. Defendant responded that he intended to visit some friends there. He later changed his story, however, by stating that he actually was moving to Chicago. Because Officer Mahaffey had seen only a few possessions in defendant’s vehicle, he became suspicious of defendant’s story. He asked defendant whether the vehicle contained any weapons, large amounts of money, or any controlled substances. Defendant answered “no.” Officer Mahaffey then asked whether he could look at the contents of the vehicle. Defendant consented. The officers and defendant got out of the patrol car and approached defendant’s vehicle. Officer Ma-haffey asked if he could look in the trunk. Without verbally responding, defendant opened the trunk. The trunk contained several nylon bags. Without asking whether he could search the bags, Officer Mahaffey opened them but discovered nothing unusual. Officer Mahaffey then searched the passenger compartment while the other officer, Greg Leazenby, continued to search the trunk. The search of the vehicle revealed nothing unusual or illegal. Defendant then shut his trunk.

Officer Mahaffey then informed the passenger in the vehicle that because defendant could not drive without a valid license, she would need to drive the car provided she could produce a valid license. Her license, however, turned out also to be expired. Then, without consulting defendant, Officer Mahaffey contacted a private wrecker to tow defendant’s vehicle to Laramie, Wyoming, which was a short distance away. Officer Mahaffey told defendant that his vehicle would be released when defendant could produce a licensed driver to operate the vehicle.

The officers then drove defendant and his passenger to a Western Union station where they could wire for extra money and find a licensed driver. During this trip, Officer Mahaffey spoke with the wife of Mr. Petrocchi, who informed him that Mr. Petrocchi had in fact sold the vehicle to defendant several weeks earlier. Officer Mahaffey also learned at that time that defendant had no liability insurance for the vehicle.

After dropping off defendant and his passenger at the Western Union station, the officers went to Warren’s towing, which had towed defendant’s vehicle. There they renewed their search of the vehicle. The officers believed that they had defendant’s continuing consent to search the vehicle despite their failure to ask defendant whether that in fact was the case. During the search, the officers re[*1408] moved the nylon bags from, the trunk and lined them up on the ground next to the vehicle. This is a typical procedure followed when conducting an official inventory of an impounded vehicle. After removing those items, the officers discovered a plastic bag behind the spare tire. This bag was removed from the vehicle. It was found to contain several clear plastic gloves and a large package wrapped with duct tape. Through a cut in the tape Officer Mahaffey saw a white powdery substance which turned out to be cocaine. He then returned to the Western Union station and arrested defendant. A federal grand jury later indicted defendant for possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(ii).

The primary issues raised on appeal are 1) whether the impoundment of defendant’s vehicle was reasonable under the Fourth Amendment; 2) whether the suppressed evidence would have inevitably been discovered; and 3) whether the second search of defendant’s vehicle was proper under a theory of continuing consent.[2]

II.

The Fourth Amendment protects individuals and their property from unreasonable searches and seizures by the government. United States v. Place, 462 U.S. 696, 700, 103 S.Ct. 2637, 2641, 77 L.Ed.2d 110 (1983). “When a search and seizure is challenged as violative of the Fourth Amendment, the burden is on the government to prove its validity.” United States v. Mendenhall, 446 U.S. 544, 550, 100 S.Ct. 1870, 1875, 64 L.Ed.2d 497 (1980); United States v. Carreon, 872 F.2d 1436, 1441 (10th Cir.1989).

Defendant contends that the impoundment of his automobile was an unlawful seizure, and therefore any evidence found during a subsequent search of the seized vehicle should be suppressed as “fruit of a poisonous tree.” See Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 415, 9 L.Ed.2d 441 (1963). Following an evidentiary hearing on defendant’s motion to suppress, the district court held that Officer Mahaffey’s impoundment of defendant’s vehicle was not authorized by law and therefore violated the Fourth Amendment. As a result, the district court granted defendant’s motion to suppress. We must affirm this ruling unless we find it to be clearly erroneous. United States v. Rinke, 778 F.2d 581, 589 (10th Cir.1985) (“[A] district court’s ruling on a motion to suppress will be affirmed unless shown to be clearly erroneous.”).

Wyoming law provides that a police officer may move an illegally stopped or abandoned vehicle from a public roadway to a place of safety.[3] Under Wyoming law, police officers may only remove an illegally stopped vehicle if it obstructs the normal movement of traffic, Wyo.Stat.Ann. § 31-5-508(b), or under the following circumstances:

(i) Report has been made that the vehicle has been stolen or taken without the consent of the owner;
(ii) The person in charge of the vehicle is unable to provide for its custody or removal; or
(iii) When the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper judge without unnecessary delay.

Wyo.Stat.Ann. § 31-5-508(c). In addition, the Supreme Court has ruled that police officers may impound a vehicle which threatens public safety. South Dakota v. Opperman, 428 U.S. 364, 369, 96 S.Ct. 3092, 3097, 49 L.Ed.2d 1000 (1976) (plurality opinion).

[*1409] Therefore, the government bears the burden of showing that its seizure of defendant’s vehicle satisfies one of these standards. The district court held that the government failed to carry this burden. Specifically, the district court found that defendant’s vehicle did not obstruct the normal flow of traffic in violation of § 31-5-508(b). This finding is supported by the undisputed fact that the police officers at the scene did not request defendant to move his car while the officers waited forty-five minutes for the wrecker to arrive.

The district court also found that defendant’s situation did not justify removal of the vehicle under Wyoming statute § 31-5-508(c) for the following reasons: 1) there was no report that the vehicle had been stolen; 2) the person in charge of the vehicle was able to provide for the custody of the vehicle but was never given the opportunity to do so by Officer Mahaffey; and 3) defendant was not under arrest at the time Officer Mahaffey elected to have the vehicle removed. Id.4

Such factual findings can only be reversed by this court if we find them to be clearly erroneous. United States v. Guglielmo, 834 F.2d 866, 868 (10th Cir.1987); United States v. Cooper, 733 F.2d 1360, 1364 (10th Cir.1984). Moreover, the evidence on appeal must be viewed in the light most favorable to the district court findings. Guglielmo, 834 F.2d at 868; United States v. Lopez, 777 F.2d 543 (10th Cir.1985). We hold that the district court’s factual findings regarding the lack of justification for the impoundment pursuant to sections 31—5—508(b) or 31-5-508(c) are not clearly erroneous.

Although the district court’s factual findings are subject to a “clearly erroneous” standard of review, the ultimate determination of the reasonableness of Officer Mahaffey’s seizure and search is a question of law to be reviewed by this court de novo. United States v. Pena, 920 F.2d 1509, 1513-14 (10th Cir.1990).

The government argues that Officer Ma-haffey’s decision to impound defendant’s vehicle was reasonable because defendant could not provide for the custody or removal of his vehicle and therefore Officer Ma-haffey was authorized to remove the vehicle to a place of public safety under Wyoming statute § 31-5-508(c). Appellant’s Reply Brief at 10. Because we hold that the district court’s finding that defendant was in fact able to provide for the removal and custody of his vehicle was not clearly erroneous, we conclude that Officer Mahaf-fey’s decision to impound the vehicle was made without proper authority under Wyoming law. Therefore his decision was not reasonable and in conformance with the Fourth Amendment unless justified under Opperman.

Although Officer Mahaffey did not conform to Wyoming law when seizing defendant’s vehicle, the much closer question in this case is whether reasons of public safety dictated that Officer Mahaffey impound the car as allowed under Opperman, 428 U.S. 364, 369, 96 S.Ct. 3092, 3097. Clearly, police officers must have a certain amount of discretion in determining what threatens public safety. Indeed, Officer Mahaffey testified that he elected to have the car impounded because it posed a safety hazard. The district court found, however, that this testimony lacked credibility, and we must rely on that finding unless clearly erroneous. United States v. Axselle, 604 F.2d 1330 (10th Cir.1979) (credibility of witnesses, weight to be given evidence, and drawing of inferences are for the trial judge). It appears that if the position of[*1410] the vehicle would have been a true threat to public safety, the officers would have moved the vehicle to the side of the road while waiting for the tow truck to arrive. Furthermore, the potential existed that the real reason the officers wished to remove the vehicle to a more secure location was to conduct a more intensive investigatory search. See infra note 7. We thus cannot hold that the district court’s finding was clearly erroneous.[5]

We conclude that the government failed to carry its burden of showing that the impoundment of defendant’s vehicle was authorized by Wyoming law or Opperman. Therefore, we affirm the district court’s holding that the seizure of defendant’s vehicle was unreasonable.

III.

The government argues that even if the second search of the vehicle was unlawful, the evidence found during the second search should nevertheless be admissible because it would have been inevitably discovered during a routine inventory of the vehicle’s contents. Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984), established that the inevitability of discovering evidence by lawful means removes the taint from evidence first discovered through unlawful means. An inventory search is a well-defined exception to the warrant requirement of the Fourth Amendment. Colorado v. Bertine, 479 U.S. 367, 371, 107 S.Ct. 738, 741, 93 L.Ed.2d 739 (1987); Opperman, 428 U.S. at 372, 96 S.Ct. at 3098. Consequently, if evidence seized unlawfully would have been inevitably discovered in a subsequent inventory search, such evidence would be admissible.

In this case, however, no inventory of the contents of defendant’s vehicle could have been conducted but for the unlawful im-poundment of the vehicle. Thus, the government cannot claim that the evidence eventually seized during the second search would have been inevitably discovered.[6] Therefore, the inevitable discovery doctrine cannot operate to remove the taint of the Fourth Amendment violation in this case. We decline to unnecessarily address other issues relevant to considering the inevitable discovery doctrine’s application to this case.[7]

[*1411] IV.

Although we hold today that defendant’s vehicle was unlawfully seized and subsequently searched, it is well-established that certain exceptions to the exclusionary rule may render evidence discovered pursuant to an unlawful seizure nevertheless admissible. The inevitability doctrine just discussed is one such exception. The government’s claim of continuing consent could conceivably be another. The government asserts that defendant’s consent to search his vehicle carried over to the second search of his car conducted at the lot to which the vehicle was towed. We hold that because an illegal seizure occurred following the initial consent, that consent does not “continue” to justify the second search.[8]

This is not to say that the government’s theory of continuing consent is not without additional potential failings. For instance, defendant may have revoked his consent when he closed and locked the trunk of his vehicle following the first search;[9] defendant may not have freely and voluntarily consented to the first search; and the scope of the consent may have been exceeded. However, our previous holding makes it unnecessary to rule on these issues.

CONCLUSION

Based on the district court’s finding of fact, we hold that Officer Mahaffey’s decision to impound defendant’s vehicle was an unreasonable seizure in violation of the Fourth Amendment. Therefore, the district court’s ruling to suppress the evidence subsequently discovered was not clearly erroneous.

The mandate shall issue forthwith.

2

Because our ruling is based on other grounds, several other potentially important issues, such as whether the initial traffic stop was pretextual and whether defendant’s consent to the first search was freely and voluntarily given, are not addressed in this opinion.

3

The facts of the case show that defendant's vehicle was not abandoned but was rather left unattended. This, by itself, is not a violation of Wyoming law. See Wyo.Stat.Ann. §§ 31 — 13— 104, 31-5-509.

4

The district court also found that the decision to impound was improper because reasonable alternatives to impoundment existed, such as pulling the vehicle completely off the highway and locking it. This analysis comports with United States v. Pappas, 735 F.2d 1232 (10th Cir.1984) (no need to impound where alternatives to impoundment sufficiently protect the officers from any potential claims against them). United States v. Kornegay, 885 F.2d 713 (10th Cir.1989) (impoundment of defendant’s vehicle proper even though alternatives to im-poundment existed), could conceivably lead to a different outcome. However, both Pappas and Kornegay are to some extent inapposite because in each of those cases the defendant was lawfully arrested and removed from the location of his vehicle with no freedom to provide for its care and custody. Such is not the case here.

5

In addition, as noted by the district court, "[i]f in fact a need existed for [defendant] to move his vehicle, he was plainly capable of making those arrangements with a private towing ‘service of his choice to a destination of his choice and he was present and clearly capable of making the arrangements for the safekeeping of his belongings.' ” Ibarra, 725 F.Supp. at 1202 (quoting State v. Travitz, 140 Ga.App. 351, 352, 231 S.E.2d 127, 128 (1976)).

6

In addition, the district court found that the inventory search would not have been inevitably conducted following the impoundment of the vehicle because Officer Mahaffey did not always conduct inventories of vehicles he impounded despite the fact that the highway patrol had a policy of routinely inventorying the contents of impounded vehicles. Both sides presented evidence as to whether it should be the routine practice of the officer or the policy of the agency which controls in an inevitable discovery case. Although the issue is certainly an interesting one, we need not resolve it here.

7

For example, in addition to the unlawful seizure preventing the police from claiming lawful custody over the vehicle, there is also some question concerning whether the police ever had proper custody of the vehicle after it had been towed or whether the towing simply gave rise to a bailee-bailor relationship between the private towing service and defendant. See Record, vol. 5, at 131-35. It is likewise unclear whether an owner of a vehicle must surrender possession of his or her vehicle to the police simply because the owner's driver’s license has expired. Moreover, there is some evidence that the inventory search was itself tainted by an improper investigatory motive. Ibarra, 731 F.Supp. at 1040 (‘‘At the hearing, it was revealed under questioning by the court that the officers had the vehicle towed so that they could search it in a more secure location.”); Record, vol. 4, at 114 (report of Leazenby admitted into evidence; that report suggests that Leazenby wanted to have the vehicle impounded so that he could further investigate an object he had seen in the trunk of defendant’s vehicle during the initial search). See also Florida v. Wells, 495 U.S. 1, 110 S.Ct. 1632, 1635, 109 L.Ed.2d 1 (1990) (inventory searches cannot be a "purposeful and general means of discovering evidence of crime") (quoting Colorado v. Bertine, 479 U.S. 367, 376, 107 S.Ct. 738, 743, 93 L.Ed.2d 739 (1987)); United States v. Place, 462 U.S. 696, 706, 103 S.Ct. 2637, 2644, 77 L.Ed.2d 110 (1983) (if purpose of seizure is an investigatory search, seizure must be based on probable cause).

8

Other facts could lead to a different result. If, for example, Officer Mahaffey would have obtained defendant’s consent to conduct a second search of defendant’s vehicle following the unlawful seizure, this consent would have broken the chain of illegality stemming from the tainted seizure of the vehicle. United States v. Maez, 872 F.2d 1444, 1454 (10th Cir.1989). However, the government claims that defendant’s continuing consent to the second search flows from his initial consent to the first search which took place before the unlawful seizure. Thus, the evidence seized in the second search remains tainted by the unlawful seizure of the vehicle and is inadmissible. See also United States v. Recalde, 761 F.2d 1448 (10th Cir.1985) (where a Fourth Amendment violation occurred between a first search of defendant’s vehicle conducted on the highway and second search after the car had been removed to the police station, the evidence discovered during the second search properly ruled inadmissible).

9

The district court found that the act of closing and locking the trunk constituted an express revocation of defendant’s consent to search his vehicle. Ibarra, 731 F.Supp. at 1039. See also Cooper v. State, 480 So.2d 8, 11 (Ala.Ct.Crim.App.1985) (the act of locking a trunk effectively revokes defendant’s consent to any future searches of defendant’s vehicle).

Concurrence

BALDOCK, Circuit Judge,

concurring.

Instead of focusing on a technical reading of the Wyoming abandoned vehicles statute, see Wyo.Stat.Ann. § 31-5-508 (Michie 1987) and the alternatives available to the officers, the court should focus on the reasonableness of the decision to impound the vehicle; the Fourth Amendment requires no more. See South Dakota v. Opperman, 428 U.S. 364, 369, 96 S.Ct. 3092, 3097, 49 L.Ed.2d 1000 (1976) (“The authority of police to seize and remove from the streets vehicles impeding traffic or threatening public safety and convenience is beyond challenge.”).

I cannot agree that it was unreasonable for the officers to impound Defendant’s vehicle. Neither occupant possessed a valid driver’s license, both were from a distant state, the ownership of the vehicle was questionable at best, and, perhaps most importantly, the vehicle was parked on a dangerous curve adjacent a two-lane highway. See IV R. 23, 107 (officer testified that the curve was “tight” and that numerous accidents had occurred there in the previous year). Given the circumstances, it was not unreasonable for the officers to call a wrecker and thus insure the vehicle’s removal rather than rely on Defendant to do the same, nor was it unreasonable for the officers to wait forty-five minutes without requesting Defendant to move the vehicle, for it is by definition unreasonable to[*1412] expect officers diligently to pursue all alternatives, particularly when a potential safety hazard exists.[1] See Colorado v. Bertine, 479 U.S. 367, 374, 107 S.Ct. 738, 742, 93 L.Ed.2d 739 (1987) (“ ‘The reasonableness of any particular governmental activity [impoundment] does not necessarily or invariably turn on the existence of alternative ‘less intrusive’ means.’ ”) (quoting Illinois v. Lafayette, 462 U.S. 640, 647, 103 S.Ct. 2605, 2610, 77 L.Ed.2d 65 (1983)). See also Cady v. Dombrowski, 413 U.S. 433, 447, 93 S.Ct. 2523, 2531, 37 L.Ed.2d 706 (1973) (“The fact that the protection of the public might, in the abstract, have been accomplished by ‘less intrusive’ means does not, by itself, render the search ‘unreasonable.’ ”). Moreover, Defendant could not legally have moved the vehicle anyway because he did not have a valid driver’s license.

Notwithstanding, I concur because the district court’s fact findings concerning the officers’ motivation are not clearly erroneous. The inventory search exception does not apply if the inventory procedure is a mere “pretext concealing an investigatory police motive.” Opperman, 428 U.S. at 376, 96 S.Ct. at 3100. See also Bertine, 479 U.S. at 376, 107 S.Ct. at 743. The district court’s conclusion that the officers’ decision to impound the vehicle was tainted by an investigatory motive is supported by the record. See IV R. at 90, 105 (officer’s testimony that he suspected drugs and that he assumed he was operating under continuing consent). Thus, I concur based on this narrower ground.

1

On this point, the court cites United States v. Pappas, 735 F.2d 1232 (10th Cir.1984). Op. at p. 1409, n. 4. Pappas, however, did not involve public safety; the vehicle in that case was legally parked in a private lot. 735 F.2d at 1234.