Category Archives: Abandonment

D.Kan.: Def’s hiding a gun in flight from police in the property of another was abandonment, even if he intended to return to get it

The officer did not immediately have probable cause to arrest defendant, but the unfolding circumstances before him ended up rising to probable cause. There was more than suspicion and more than proximity. Defendant’s furtive movements supplied more cause. Defendant’s hiding … Continue reading

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OR: Def’s driving to a controlled buy was PC for automobile exception; not a “police-created exigency”

Police had probable cause to stop defendant on his way to a controlled buy. This did not qualify as a “police-created exigency.” State v. Colman-Pinning, 302 Ore. App. 383 (Feb. 26, 2020). Appellant “seeks appellate relief based on a single … Continue reading

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SC: Search of cell phone abandoned at crime scene was reasonable since just to determine ownership

A shooting occurred in a Taco Bell parking lot, apparently a drug deal gone bad. Three cell phones were found in the car. The police searched them without a warrant and one was defendants. The state argued abandonment (which it … Continue reading

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E.D.Pa.: Hiding gun in wheel well of vehicle of another was abandonment; nothing after that has any legal effect

Hiding a gun in the wheel well of someone else’s vehicle to keep it from the police is an abandonment. “Defendant had no reasonable expectation of privacy in the wheel well of someone else’s red Ford parked on a public … Continue reading

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CA8: Judge authorizing rubberstamp of signature by clerk after PC for arrest found not 4A violation

“Hamilton’s complaint alleged that Judge Ragland is liable in damages for his unconstitutional actions in allowing [clerk] Overbey to issue arrest warrants and set bonds using his signature stamp, and in setting a schedule requiring cash-only bonds without regard to … Continue reading

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TN: Def consented to a full patdown and admitted he had a crackpipe

The officer could tell the driver to get out of the car in a traffic stop. Defendant then consented to a full patdown that produced a crack pipe. When the officer touched it and asked what it was, defendant freely … Continue reading

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TX1: Def lost REP in his mislaid phone that somebody found and opened to try and discern the owner to return it

Defendant mislaid his cell phone, and he didn’t abandon it. Nevertheless, it was available for anyone to pick up and turn in to somebody to help find him. Moreover, it wasn’t passcode protected, and it was reasonable for someone to … Continue reading

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CA4: Police could warrantlessly seize CSLI for cell phone abandoned in flight from the police

Defendant consciously was abandoning his property as he was trying to elude police who were chasing him on foot. He tossed everything, including his cell phone. Getting the CSLI for the abandoned phone without a warrant was reasonable, too. United … Continue reading

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CA11: RS supported a protective sweep for def after a police foot chase and officers having reason to believe he could have doubled back to the hotel room from where he started

Defendant discovered he was under surveillance at his motel and he fled. Officers came back to his room in 10 minutes, and seeing his car entered his room thinking he had doubled back. He did not abandon his privacy interest … Continue reading

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NC: Def’s arrest was without PC, but he abandoned his gun

“The trial court erred in denying Defendant’s motion to suppress the firearm based on its reasoning that officers had the probable cause necessary to arrest Defendant for resisting, delaying, or obstructing a public officer. The firearm, however, was not the … Continue reading

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AL: City code enforcer violated 4A by entering curtilage and towing cars

A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The … Continue reading

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E.D.Ky.: Entry into the curtilage for knock-and-talk ended up a hot pursuit and abandonment

Officers came to defendant’s home for a knock-and-talk, and he saw them and fled, and the USMJ credited that the officers could see him discard a drug container. The court finds this was hot pursuit. “Of course, the Versailles police … Continue reading

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