Category Archives: Abandonment

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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NY1: Tossing backpack from car is waiver of REP

Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. … Continue reading

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W.D.Mo.: Dropping gun just before arrest treated as abandonment [?]

A firearm that fell from defendant’s pants as he was being arrested and getting out of a car was treated as abandoned. United States v. Franklin, 2018 U.S. Dist. LEXIS 197783 (W.D. Mo. Nov. 20, 2018). I have to disagree … Continue reading

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N.D.Ga.: Car not abandoned by fleeing def because a co-def stayed with it

A car is not abandoned by the defendant merely because, when he fled, a confederate stayed behind. United States v. Gibbs, 2018 U.S. Dist. LEXIS 187572 (N.D. Ga. Nov. 2, 2018). The audio recording of the police-citizen interaction has enough, … Continue reading

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PA: There was no PC for entry on a two-month-old capias

Defendant was arrested as a result of an entry on a capias for a domestic relations “violation.” The warrant was two months getting served, and there was no inquiry into whether defendant was residing at the home of a friend … Continue reading

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N.D.Ind.: Collective knowledge doctrine doesn’t require any specifics be held by officer making the stop

Under the collective knowledge doctrine, the officer actually making the stop doesn’t have to know much of anything that the officers with knowledge know. Nothing needs to be communicated, other than the identity of the person or car stopped. There … Continue reading

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AL: Def waived REP in cell phone by leaving it at crime scene

Defendant waived any reasonable expectation of privacy in his cell phone by leaving it at the crime scene. Tolbert v. State, 2018 Ala. Crim. App. LEXIS 65 (Oct. 15, 2018). The child pornography affidavit for search warrant wasn’t a “model … Continue reading

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