Not trying to be a wise ass, but make sure the lower half of the gate is closed all the way. I went to put something in the car the other day and the hatch wouldn't close. Turns out my wife hadn't fully closed the bottom, so it wouldn't close using the button until I latched the bottom half fully. I don't know if it would let you drive without it latched, but I could manually close the hatch, so it's not like it was impossible to close it and drive off (unless the car stopped you like it does if driver door is open..).
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