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MA: Car was reasonably impounded when it would have to be left at 4:30 am in a high crime area

By John Wesley Hall, Jr.

After defendant’s arrest in another’s car at 4:30 am in a high crime area, it was reasonable under the circumstances to impound the car. There were risks in leaving it and there was nobody to drive it off. Also, it was reasonable not to call the owner at that hour to come and take possession of it. Commonwealth v. Eddington, 2011 Mass. LEXIS 40 (March 10, 2011): ... Although we need not examine the reason of the police officers for not attempting to contact Rodriguez, the reason for not doing so — the early morning hour — provided a sound basis for their decision. We also find significant the facts that Eddington was unable to operate the automobile because he had been placed under arrest (for operating a motor vehicle with a suspended license) and Cappas had been drinking and was not known to be authorized to drive the automobile...continue to full post

Full post as published by Fourth Amendment on March 14, 2011 (boomark / email).