Category Archives: Abandonment

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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W.D.Tenn.: Driving one’s car to ER and going in isn’t abandonment; dead battery doesn’t remove exigency for automobile exception

Having been shot, defendant did not abandon his car when he drove to the ER and went in, leaving his keys in the car at the entrance. The fact the battery was dead in the car didn’t remove the exigency. … Continue reading

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M.D.Pa.: Lack of standing cuts off a Franks challenge

Defendant lacked standing in the place searched, so he’s denied a Franks hearing to challenge that omission from the affidavit for search warrant. “The only connection between Defendant and 10 H Hall Manor reflected in the Affidavit of Probable Cause … Continue reading

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D.Neb.: No REP in items hidden in bushes

“Defendant has not met his burden to establish a reasonable expectation of privacy in the items seized from the bush or on the ground at the apartment complex. Police seized items from public areas of an apartment complex, not from … Continue reading

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D.D.C.: Def tossed gun as encounter started and that was abandonment, but the court has questions about the encounter

The DC Gun Recovery Unit encountered a person on the street and talked to him, but by the time a more intensive encounter occurred, something that troubled the court, defendant had tossed the gun. United States v. Meekins, 2019 U.S. … Continue reading

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CA8: Place of abandonment of gun near kids earns USSG enhancement

Abandonment of a gun in flight from the police earns defendant a two level USSG § 3C1.2 enhancement for endangering others because of where he tossed it where kids were around. United States v. Davidson, 2019 U.S. App. LEXIS 23826 … Continue reading

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D.Kan. Throwing a pouch onto a roof when climbing a fence in flight from the police is abandonment

Throwing a black pouch onto the roof of a building in flight from the police as he climbed over a fence was abandonment. United States v. Gaines, 2019 U.S. Dist. LEXIS 134303 (D. Kan. Aug. 9, 2019).* The search warrant … Continue reading

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KS: If the officer had RS, he waited 24 minutes to call for a drug dog and then couldn’t get one for hours; stop too long and unreasonable

The officer supposedly had reasonable suspicion early into the stop, but he delayed 24 minutes before even attempting to locate a drug dog and it was then found that a drug dog couldn’t get there for quite a while. The … Continue reading

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N.D.Ill.: The exclusionary rule does not apply in a § 1983 suit against police officers

The exclusionary rule does not apply in a § 1983 suit against police officers. Mayo v. Lasalle County, 2019 U.S. Dist. LEXIS 117667 (N.D. Ill. July 15, 2019).* The court concludes defendant didn’t just drop his backpack when confronted by … Continue reading

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OH12: Def’s denial of ownership of her purse twice was abandonment

Defendant’s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. State v. Martin, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).* The search warrant for … Continue reading

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