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RAMIREZ v. CITY OF BUENA PARK

No. 04-56832.

560 F.3d 1012 (2009)

Joseph C. RAMIREZ, a/k/a Joe Ramirez, Plaintiff-Appellant, v. CITY OF BUENA PARK; Pedro Montez; Frank Hornung, e/s/a Hank Hornung; Marc Odom, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2009.

Attorney(s) appearing for the Case

E. Thomas Barham, Jr. and Shirley A. Ostrow, Law Offices of Barham and Ostrow, Los Alamitos, CA, for the plaintiff-appellant.

Mitchell E. Abbott, Michael P. Coyne, and Robert C. Ceccon, Richards, Watson, & Gershon, Los Angeles, CA, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, MELVIN BRUNETTI and PAMELA ANN RYMER, Circuit Judges.

BRUNETTI, Circuit Judge:

On May 2, 2003, Officer Pedro Montez of the Buena Park Police Department noticed a car parked outside a drugstore. Montez observed Joseph C. Ramirez in the car's driver's seat, apparently asleep at the wheel. Montez subsequently detained, searched, and arrested Ramirez for being under the influence of a controlled substance. Montez and two other officers then impounded Ramirez's car for its safekeeping. Montez issued Ramirez a citation and...

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