{"id":42258,"date":"2020-02-07T02:29:35","date_gmt":"2020-02-07T07:29:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42258"},"modified":"2020-02-07T02:29:35","modified_gmt":"2020-02-07T07:29:35","slug":"d-mass-defs-car-was-towed-and-inventoried-but-searching-his-backpack-was-unreasonable-when-he-wasnt-arrested","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=42258","title":{"rendered":"D.Mass.: Def&#8217;s car was towed and inventoried, but searching his backpack was unreasonable when he wasn&#8217;t arrested"},"content":{"rendered":"<p>Defendant\u2019s vehicle was being towed because he was an unlicensed driver, and he wasn\u2019t being arrested. He could accompany the vehicle. The officer inventoried the car and then searched his backpack. The backpack search wasn\u2019t reasonable because he wasn\u2019t being arrested and there was no need to inventory. His statements are likewise suppressed. United States v. Rivera, 2020 U.S. Dist. LEXIS 19860 (D. Mass. Feb. 3, 2020).<\/p>\n<p>Reconsideration of denial of a motion to suppress is inherent, but there must be shown newly discovered evidence or other exceptional circumstances. This is just reargument, and it\u2019s denied. United States v. Sullivan, 2020 U.S. Dist. LEXIS 20021 (D. Haw. Feb. 6, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s vehicle was being towed because he was an unlicensed driver, and he wasn\u2019t being arrested. He could accompany the vehicle. The officer inventoried the car and then searched his backpack. The backpack search wasn\u2019t reasonable because he wasn\u2019t being &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=42258\">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":[39,26],"tags":[],"class_list":["post-42258","post","type-post","status-publish","format-standard","hentry","category-inventory","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42258","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=42258"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42258\/revisions"}],"predecessor-version":[{"id":42259,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42258\/revisions\/42259"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42258"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42258"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42258"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}