In what circumstances will a police officer impound a vehicle after learning the driver and passenger have suspended licenses?

In the leading case of People v. Benites (1992) 9 Cal.App.4th 309, 11 Cal.Rptr.2d 512, the police officer impounded a van after learning the driver and passenger had suspended licenses. ( Id. at p. 315, 11 Cal.Rptr.2d 512.) The court upheld the ensuing inventory search because "[t]he impoundment decision was reasonable under the circumstances:" It was "very late at night," the van was three miles from town on "a dark, lonely and isolated stretch of road" where it "could be vandalized," "the passenger also lacked a valid license," and "there was the possibility that [the defendant] would simply drive off once [the officer] left." ( Id. at p. 326, 11 Cal.Rptr.2d 512.) The court noted "the officer's discretion to impound is clearly based on factors other than using it as a pretext to engage in a search for criminal activity." ( Id. at p. 327, 11 Cal.Rptr.2d 512.)

In People v. Green (1996) 46 Cal.App.4th 367, 54 Cal.Rptr.2d 12, the police officers "arrested [the defendant] for driving without a driver's license in violation of Vehicle Code section 12500. The officers impounded the vehicle as there was no other person with a valid license present to take control of the automobile while defendant was taken to jail." ( Id. at p. 373, 54 Cal.Rptr.2d 12.) The court upheld the inventory search, noting "[t]here is no indication that the inventory search of the car was merely a 'ruse' to try to discover evidence of criminal activity." ( Id. at p. 374, 54 Cal.Rptr.2d 12.)

*792 In People v. Steeley (1989) 210 Cal.App.3d 887, the police officer cited the defendant for driving with a revoked license and impounded the car. ( Id. at pp. 889-890.) The court upheld the subsequent inventory search. "It was not unreasonable for [the officer] to conclude that the appropriate way to protect the vehicle was impoundment," as "there was no other licensed driver, the car was blocking a driveway and [the defendant] was not the registered owner of the vehicle." ( Id. at p. 892.)