Category Archives: Abandonment

WA: Appeal should have been from dismissal after granted suppression order; appeal dismissed

State couldn’t appeal a suppression order after it moves to dismiss a case. It should have appealed the dismissal order or both. State v. Cruz, 2017 Wash. LEXIS 997 (Nov. 2, 2017). Dropping a coat with a gun in the … Continue reading

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OR: No REP in a camera and SD card left recording in a Starbucks bathroom

Defendant left a camera disguised as a cell phone charger in a Starbucks bathroom. It was found by a customer and turned over to the store manager. The manager believed it to be a camera, opened the back, and found … Continue reading

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D.Mass.: Being jailed is not an abandonment of property in a storage unit

“The court acknowledges the government’s point that Moran did not retain a key to the storage unit once he was jailed, and that Moran had appeared perfectly amenable to the bags being placed in Alysha’s more heavily-trafficked apartment rather than … Continue reading

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OH5: Visitor to house during parole search denied anything in house was his, and that was abandonment of backpack with 254 oxys and heroin found upstairs

Defendant was visiting a house that was subjected to a parole search for drugs and firearms. He and another were moved to a central location so officers could keep an eye on them while the search was being conducted. He … Continue reading

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OH1: Leaving drug house under surveillance for two weeks was RS

It was reasonable suspicion for defendant to visit a house under surveillance for two weeks as a drug house with detailed collection of information about comings and goings. State v. Donohue, 2017 Ohio App. LEXIS 3668 (1st Dist. Aug. 25, … Continue reading

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OH2: Particularity and scope of search have to be raised and litigated to preserve for review

Claims of particularity and scope of search have to be raised and litigated in the trial court to appeal them. State v. Terrell, 2017-Ohio-7097, 2017 Ohio App. LEXIS 3224 (2d Dist. Aug. 4, 2017). Tossing a gun in flight from … Continue reading

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FL3: Tossing object in flight from car after stop was abandonment

The officer encountered defendant passenger sitting in a car in a no parking zone and directed him out of the car because of a fear of weapons. Defendant got out and ran, discarding an object as he ran. That was … Continue reading

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N.D.Ind.: PC for def’s cell phone was shown by his social media postings

Defendant might not have standing but there was probable cause, so standing doesn’t have to be decided. Probable cause for the search warrant for defendant’s cell phone was predicated on his social media postings of him holding firearms, and they … Continue reading

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TN: Def was brought before magistrate 47¼ hours after his arrest; no Riverside violation and it wouldn’t ripen to a Gerstein violation

Defendant was brought before a magistrate 47¼ hours after his arrest and arraigned at 3:15 am, and this was presumptively reasonable. His interrogation after he was released from the hospital after arrest but before arraignment complied with Miranda, and nothing … Continue reading

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FL2: Crawl space below house screened off only by lattice work is a constitutionally protected area

One has a reasonable expectation of privacy in the crawl space below a Florida residence protected only by a lattice. A pill bottle seen there was argued by the state to be abandoned, but it was in a constitutionally protected … Continue reading

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