{"id":3793,"date":"2010-05-18T17:44:53","date_gmt":"2010-01-31T10:07:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-31T10:07:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3793","title":{"rendered":"MA: Inventory and tow was reasonable rather than leave defendant’s car in a high crime area"},"content":{"rendered":"

It was reasonable to have defendant\u2019s vehicle inventoried and towed, rather than leave it parked in a high crime area that would have exposed it to vandalism or theft. Commonwealth v. Eddington<\/a>, 76 Mass. App. Ct. 173, 920 N.E.2d 883 (2010) (“This evidence demonstrates a sufficient risk that the car might be vandalized or stolen so that, when combined with the risk of false claims for loss against the police, the impoundment of the car, pursuant to a constitutionally adequate police policy, was reasonable and thus permissible under the Fourth Amendment.”).<\/p>\n

Defendant\u2019s father consented to a search of his juvenile daughter\u2019s room, and the officer also searched her purse which was not in the room. There were \u201cwidely divergent\u201d facts in the suppression hearing, and the suppression order must be affirmed. State v. V.S.<\/a>, 26 So. 3d 662, 35 Fla. L. Weekly D 235 (4th DCA 2010).*<\/p>\n

Defendant was a visitor to a motel room, and he had no reasonable expectation of privacy to challenge its search. Smith v. State, 301 Ga. App. 128, 690 S.E.2d 449 (2010).*<\/p>\n

The trial court\u2019s conclusion that the search of defendant\u2019s car was valid as an inventory from his arrest was affirmed. Alternatively, the trial court\u2019s conclusion that defendant did not consent to the search of the car is unsupported by the evidence, and that is an alternative ground. People v Concepcion<\/a>, 2010 NY Slip Op 701, 69 A.D.3d 956; 893 N.Y.S.2d 283 (2d Dept. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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