MA: Search of vehicle outside territorial jurisdiction of officers was void; inevitable discovery rejected

The informant hearsay satisfied Aguilar-Spinneli and thus showed probable cause. The search incident of defendant’s person was thus justified. The search of a car in an adjoining town was unreasonable because there was no statutory authorization for it under state law. The state’s inevitable discovery argument is rejected that the other town’s police would have searched it anyway is rejected as unproven. Commonwealth v. Luna, 2017 Mass. App. LEXIS 156 (Dec. 5, 2017).

The USMJ did not impermissibly shift the burden of proof to the defendant to prove that the warrantless searches were invalid. The record supports that defendant’s wife consented to the searches, too. United States v. Scanlon, 2017 U.S. Dist. LEXIS 199234 (W.D. N.Y. Dec. 4, 2017).*