No. 11-20163.

681 F.3d 203 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Alexander Frank McKINNON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 2012.

Attorney(s) appearing for the Case

Joshua Stephen Johnson (argued), U.S. Department of Justice, Criminal Division, Washington, DC, Renata Ann Gowie , Asst. U.S. Atty., U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Peter Bray , Sarah Beth Landau (argued), Asst. Fed. Pub. Def., Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before BENAVIDES, STEWART, and GRAVES, Circuit Judges.


In February 2010, Houston Police Officer Salam Zia ("Zia") stopped a vehicle driven by Alexander Frank McKinnon ("McKinnon"), a felon, for an expired registration sticker. After McKinnon failed to produce a driver's license upon request, Zia placed him under arrest. Based on the Houston Police Department's ("HPD") towing policy, Zia ordered the vehicle to be towed and conducted an inventory search of the vehicle. During the inventory search, Zia discovered...

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