Category Archives: Abandonment

CA11: Def abandoned his cell phone and property in the building he moved out of and never came back for it

Defendant was held to have abandoned his cell phone by leaving it behind when he moved and making no effort to retrieve it and many other belongings. United States v. Gregg, 2019 U.S. App. LEXIS 13874 (11th Cir. May 9, … Continue reading

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PA: Cell phone left recording in a college coed bathroom was treated as abandoned property despite intention to return later

Defendant hid a recording smartphone in a coed bathroom at Villanova University that a female student found and turned over to the University Police. The phone was essentially abandoned even though he intended to return to recover it later, and … Continue reading

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OH: Officers responding to nearby shots fired were justified in stop def, the only person around

Officers heard nearby gunshots and approached the only person in the vicinity with guns drawn and did a frisk of the person. The frisk was justified by reasonable suspicion, and drawing firearms didn’t convert the stop into a seizure. State … Continue reading

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DE: The standard for abandonment is objective; actual disclaiming ownership not required

The standard for abandonment is objective. What do the facts show? Here, defendant left his backpack in a place where he could not keep an eye on it. Disclaiming ownership alone is not the test. Patton v. State, 2019 Del. … Continue reading

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ND: State failed to show abandonment of apparently lost cell phone with screen locked

The trial court erred in denying defendant’s motion to suppress because the State did not meet its burden of showing that defendant intentionally abandoned his cell phone. Although the phone was found lying in a parking lot in front of … Continue reading

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IL discusses “dropsy” and resolves it as a credibility question

Illinois discusses the issue of “dropsy,” but ends up resolving it as a credibility question. People v. Campbell, 2019 IL App (1st) 161640, 2019 Ill. App. LEXIS 234 (Apr. 9, 2019):

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D.V.I.: Nearly two month old information for a bank robbery SW wasn’t stale

Where there were two bank robberies allegedly attributable to defendant (September 2 and October 23, 2014). The search warrant issued after the latter could seek information and evidence from the former because it was apparently an ongoing operation. Even if … Continue reading

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TX9: Def abandoned trailer he was living in along with all its contents

Defendant and his family were living in a trailer they abandoned. After a broken water line inside, the trailer and contents were damaged, and they moved out, apparently never to return. When the owner found the trailer, there was mold … Continue reading

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PA: There’s no right to a warning before fleeing from the police during a stop

Defendant had no right to a warning before he fled from police when he was stopped. “Here, as a practical matter, it is not all clear that police had a reasonable opportunity to issue Dunham verbal commands directing his movement. … Continue reading

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D.Nev.: Leaving CP in a briefcase in attic and selling house and leaving it behind is abandonment

Defendant abandoned child pornography by secreting it with a cell phone in a briefcase in his attic. After he sold the house, he left it behind. He says he instructed a friend to retrieve it, but that didn’t happen. On … Continue reading

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W.D.Pa.: Court doesn’t find running away from a wrecked car was unequivocally an abandonment

Defendant was an accused bootlegger who knew he was being tailed and he wrecked his car and ran away. The court doesn’t find this to be unequivocally an abandonment because he knew he was being followed but not necessarily by … Continue reading

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N.D.Ga.: Bank robbery suspect who fled car after PIT maneuver stopped it abandoned it

“After looking at the collective knowledge of law enforcement at the time of the arrest—which includes four eyewitness identifications, one voice identification, and a tip from the defendant’s own girlfriend turning him in for the People’s Bank robbery—the court finds … Continue reading

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