Category Archives: Abandonment

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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D.Ariz.: Lifting the tarp off a parked car was reasonable as a protective sweep

Lifting the tarp off a parked car was reasonable as a protective sweep. The officer did not search the car – he only looked in it to make sure no one was hiding there. Defendant’s wife permitted entry into the … Continue reading

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SD: Jury instruction on refusal of UA in a drug case was proper

At the Sturgis motorcycle rally, an officer noticed a couple enter a porta potty at 1 am. Finding this unsual, he went up and listened. He heard something that barely suggested they weren’t using the facilities for the intended use … Continue reading

Posted in Abandonment, Consent, Drug or alcohol testing | Comments Off

E.D.Wis.: Gov’t didn’t show abandonment of package by sender because of error in address where recipient refused it

The USPS Postal Inspector did not act reasonably in determining that the package with methamphetamine was abandoned. The recipient disclaimed any interest in it, and the investigation into the sender, who would still have an interest in it, was woefully … Continue reading

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E.D.Pa.: Def saw police car and walked to other side of street, dropped his gun, and came back to submit to police, and that was abandonment

“Defendant unequivocally intended to abandon the firearm. After the patrol car was near the scene, Defendant walked away from it. While walking, Defendant bent down next to a parked vehicle on Pacific Street and dropped a metallic object on the … Continue reading

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