MA: Impoundment was appropriate for a vehicle that would have to be left in a high-crime area

The impoundment of this vehicle and inventory of the contents was proper under the circumstances. It was found with the engine running in a high crime area, and it was subject to vandalism or theft if left, all aside from the furtive movements and drugs found in the passenger compartment. Commonwealth v. Crowley-Chester, 86 Mass. App. Ct. 804, 21 N.E.3d 988 (2015).

During a traffic stop, a weapon could be seen in the vehicle. A patdown was justified. The stop was not prolonged. The frisk occurred within three minutes of the stop. United States v. Einfeldt, 2014 U.S. Dist. LEXIS 180047 (D. Minn. December 16, 2014),* adopted 2015 U.S. Dist. LEXIS 2940 (D. Minn. January 12, 2015).*

Defendant’s experience in the criminal justice system was a factor in his consent. He was a middle aged man, and four officers were present in a house with 3-4 people. The situation was not overbearing. He was not told of his right to refuse consent, but that does not make in involuntary. United States v. Moore, 2015 U.S. Dist. LEXIS 2179 (W.D. N.C. January 7, 2015).*