{"id":24202,"date":"2016-10-29T09:49:33","date_gmt":"2016-10-29T14:49:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24202"},"modified":"2016-10-29T13:56:58","modified_gmt":"2016-10-29T18:56:58","slug":"ma-seizing-backpack-from-impounded-car-was-unreasonable-where-defs-grandmother-was-present-and-would-have-taken-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24202","title":{"rendered":"MA: Seizing backpack from impounded car was unreasonable where def&#8217;s grandmother was present and would have taken it"},"content":{"rendered":"<p>Defendant\u2019s grandmother came to the scene of his stop where his car was being impounded. The contents of the car, here a backpack, could have just been given to the grandmother rather than seize and search it, too. Commonwealth v. Nicoleau, 90 Mass. App. Ct. 518 (Oct. 14, 2016).<\/p>\n<p>Defendant challenged a search in Tennessee that helped lead to his conviction and 292 month sentence. The court finds it harmless as a matter of law on this record. <a href=\"http:\/\/www.ca4.uscourts.gov\/Opinions\/Unpublished\/164090.U.pdf\">United States v. De Jusus Ramirez<\/a>, 2016 U.S. App. LEXIS 18398 (4th Cir. Oct. 12, 2016).*<\/p>\n<p>Assuming plaintiff stated a Fourth Amendment claim in this case, it was filed outside the statute of limitations, and it\u2019s barred. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/161220np.pdf\">Mujaddid v. Wehling<\/a>, 2016 U.S. App. LEXIS 18380 (3d Cir. Oct. 12, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s grandmother came to the scene of his stop where his car was being impounded. The contents of the car, here a backpack, could have just been given to the grandmother rather than seize and search it, too. Commonwealth v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=24202\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,39],"tags":[],"class_list":["post-24202","post","type-post","status-publish","format-standard","hentry","category-45","category-inventory"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24202","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24202"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24202\/revisions"}],"predecessor-version":[{"id":24211,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24202\/revisions\/24211"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24202"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24202"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24202"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}