{"id":30540,"date":"2017-12-08T00:00:16","date_gmt":"2017-12-08T05:00:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30540"},"modified":"2017-12-07T20:00:29","modified_gmt":"2017-12-08T01:00:29","slug":"ma-search-of-vehicle-outside-territorial-jurisdiction-of-officers-was-void-inevitable-discovery-rejected","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30540","title":{"rendered":"MA: Search of vehicle outside territorial jurisdiction of officers was void; inevitable discovery rejected"},"content":{"rendered":"<p>The informant hearsay satisfied Aguilar-Spinneli and thus showed probable cause. The search incident of defendant\u2019s 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\u2019s inevitable discovery argument is rejected that the other town\u2019s police would have searched it anyway is rejected as unproven. <a href=\"https:\/\/www.mass.gov\/files\/documents\/2017\/12\/05\/16P1021.pdf\">Commonwealth v. Luna<\/a>, 2017 Mass. App. LEXIS 156 (Dec. 5, 2017).<\/p>\n<p>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\u2019s wife consented to the searches, too. United States v. Scanlon, 2017 U.S. Dist. LEXIS 199234 (W.D. N.Y. Dec. 4, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The informant hearsay satisfied Aguilar-Spinneli and thus showed probable cause. The search incident of defendant\u2019s 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 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30540\">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":[66,63,26],"tags":[],"class_list":["post-30540","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-reasonableness","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30540","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30540"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30540\/revisions"}],"predecessor-version":[{"id":30541,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30540\/revisions\/30541"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30540"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30540"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30540"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}