Category Archives: Abandonment

W.D.Pa.: Police officer can answer a dropped cell phone without violating 4A; that’s not a search

“Similarly, where an officer is legitimately in possession of a cell phone dropped at the scene of a crime and observes, in plain view, an incoming call arriving on the cell phone, the officer may lawfully answer the incoming call … Continue reading

Posted in Abandonment, Cell phones | Comments Off on W.D.Pa.: Police officer can answer a dropped cell phone without violating 4A; that’s not a search

NC: Defendant abandoned this real property

Defendant abandoned this real property. State v. Moore, 2024 N.C. App. LEXIS 806 (Oct. 15, 2024). Failure to renew a motion to suppress when the evidence is offered is waiver in this state. State v. Rowdy, 2024 N.C. App. LEXIS … Continue reading

Posted in Abandonment, Drug or alcohol testing, Emergency / exigency, Particularity, Scope of search | Comments Off on NC: Defendant abandoned this real property

D.Minn.: State law permits POs to conduct “unannounced visits” and that includes unannounced warrantless searches

State law gives parole officers the power to conduct “unannounced visits.” They also don’t have to announce warrantless searches. United States v. McClendon, 2024 U.S. Dist. LEXIS 186498 (D. Minn. Aug. 15, 2024).* Defendant’s trembling hands were enough to pass … Continue reading

Posted in Abandonment, Probation / Parole search, Reasonable suspicion | Comments Off on D.Minn.: State law permits POs to conduct “unannounced visits” and that includes unannounced warrantless searches

MO: Def fled state and abandoned murder weapon at his grandmother’s house

When defendant fled the state to avoid arrest, he left a bag with the murder weapon at his grandmother’s house. That was abandonment. The ping of his cell phone to locate him to arrest him was with exigent circumstances. State … Continue reading

Posted in Abandonment, Cell phones, Seizure | Comments Off on MO: Def fled state and abandoned murder weapon at his grandmother’s house

N.D.Tex.: GFE applies, but PC, too

The affidavit for the warrant here is more than “bare bones” so the good faith exception applies. “Even if the good-faith exception did not apply, the warrant is still valid because it is supported by probable cause.” United States v. … Continue reading

Posted in Abandonment, Good faith exception, Standing | Comments Off on N.D.Tex.: GFE applies, but PC, too

OR: Exclusionary rule doesn’t apply to criminally dangerous person civil commitments

Neither the state nor federal exclusionary rule does not apply in criminal dangerous person civil commitments. State v. T.L.B. (In re T.L.B.), 335 Or. App. 225 (Sep. 25, 2024). The officer here saw defendant walking at night in a neighborhood … Continue reading

Posted in Abandonment, Consent, Exclusionary rule, Reasonable suspicion | Comments Off on OR: Exclusionary rule doesn’t apply to criminally dangerous person civil commitments

TX2: Overnight guest staying with a registered hotel guest has standing over the room

“[A]n overnight guest of a registered hotel guest shares the registered guest’s reasonable expectation of privacy in the hotel room and thus has standing to contest the search.” Fitzgerald v. State, 2024 Tex. App. LEXIS 6161 n.11 (Tex. App. — … Continue reading

Posted in Abandonment, Inventory, Probable cause, Standing | Comments Off on TX2: Overnight guest staying with a registered hotel guest has standing over the room

N.D.Cal.: Seizure or destruction of homeless persons’ unabandoned personal property violated 4A

“This case is similar to Lavan where the Ninth Circuit stated that when the City of Los Angeles destroyed unhoused Plaintiffs’ unabandoned personal possessions left on public sidewalks, those seizures were unreasonable under the Fourth Amendment. 693 F.3d at 1030. … Continue reading

Posted in Abandonment, Consent, Qualified immunity | Comments Off on N.D.Cal.: Seizure or destruction of homeless persons’ unabandoned personal property violated 4A

OR: First cell phone SW found unexpected SD card, second SW was tainted by overbreadth of first

Defendant’s cell phone was seized in 2011 and an SD card was unexpectedly found with sexual images of children. When defendant questioned that, a separate search warrant was sought for the SD card. The state does not show inevitable discovery … Continue reading

Posted in Abandonment, Cell phones, Ineffective assistance, Inevitable discovery, Overbreadth | Comments Off on OR: First cell phone SW found unexpected SD card, second SW was tainted by overbreadth of first

W.D.Mo.: Def didn’t show he was driving overdue rented car with anyone’s permission

Defendant had no standing in the rented car he was driving. It was rented by another person, and it had not been timely returned. He didn’t show that he was driving with anyone’s permission. United States v. Manning, 2024 U.S. … Continue reading

Posted in Abandonment, Informant hearsay, Plain view, feel, smell, Probable cause, Standing | Comments Off on W.D.Mo.: Def didn’t show he was driving overdue rented car with anyone’s permission

FL2: Walking away from car at scene of a drive-by shooting left it and was an abandonment

Defendant remained at the scene of a drive by and police in an unmarked car but with POLICE on their vests almost immediately showed up. He left the car and walked away, not to reasonably return. This was an abandonment. … Continue reading

Posted in Abandonment, Waiver, Warrant papers | Comments Off on FL2: Walking away from car at scene of a drive-by shooting left it and was an abandonment

CA10: No REP in fire scene premises totally destroyed

Taking of photographs of a fire scene of a mobile home that burned to the ground was not a Fourth Amendment violation. There was no reasonable expectation of privacy in the remains. United States v. Hernandez, 2024 U.S. App. LEXIS … Continue reading

Posted in Abandonment, Franks doctrine, Reasonable expectation of privacy | Comments Off on CA10: No REP in fire scene premises totally destroyed

CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

USMS Fugitive Task Force shot and killed a person they were arresting. Under Egbert, there’s no Bivens claim here. Robinson v. Sauls, 2024 U.S. App. LEXIS 13432 (11th Cir. June 4, 2024) (another death knell for Bivens). Defendant abandoned his … Continue reading

Posted in § 1983 / Bivens, Abandonment, Probable cause, Reasonable suspicion | Comments Off on CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

CA8: SW including “electronic files” meant computer could be searched

A search warrant that included “electronic files” meant that a computer could be searched. United States v. Lukassen, 2024 U.S. App. LEXIS 13392 (8th Cir. June 4, 2024). Defendant didn’t show standing in the car he was driving, and it … Continue reading

Posted in Abandonment, Computer and cloud searches, Issue preclusion, Probable cause | Comments Off on CA8: SW including “electronic files” meant computer could be searched

NM: New crime after alleged illegal seizure not suppressed

Defendant’s new crimes after his alleged illegal seizure are not suppressed. State v. Morgan, 2024 N.M. App. LEXIS 23 (May 13, 2024). Tossing a backpack in flight from the police is abandonment. United States v. Anderson, 2024 U.S. Dist. LEXIS … Continue reading

Posted in Abandonment, Attenuation, geofence, Inevitable discovery, Inventory | Comments Off on NM: New crime after alleged illegal seizure not suppressed

MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

There’s no difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it. State v. Carbo, 2024 Minn. LEXIS 236 (May 8, 2024). [A creative argument, but one always doomed … Continue reading

Posted in Abandonment, Automobile exception, Search incident, Waiver | Comments Off on MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

100 years ago today, abandonment, open fields, and maybe even standing in another’s land was decided

Hester v. United States, 265 U.S. 57, 58-59, 44 S. Ct. 445, 68 L. Ed. 2d 898 (1924): The officers had no warrant for search or arrest, and it is contended that this made their evidence inadmissible, it being assumed, on the … Continue reading

Posted in Abandonment, Open fields, Standing | Comments Off on 100 years ago today, abandonment, open fields, and maybe even standing in another’s land was decided

WI: Obtaining def’s DNA by ruse wasn’t an illegal search

The state got defendant to lick an envelope and hand it over as part of a ruse. His DNA matched to a cold case. That was not an unreasonable search. State v. Vannieuwenhoven, 2024 Wisc. App. LEXIS 349 (Apr. 30, … Continue reading

Posted in Abandonment, DNA, Ineffective assistance, Probable cause | Comments Off on WI: Obtaining def’s DNA by ruse wasn’t an illegal search

W.D.Mo.: Wrong address in SW wasn’t fatal where right house was searched

The affidavit had the correct address but the warrant didn’t. The right house was searched, and the warrant was valid. United States v. Gallagher, 2024 U.S. Dist. LEXIS 73780 (W.D. Mo. Mar. 28, 2024). Defendant abandoned a gun, hoodie, and … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Issue preclusion, Particularity | Comments Off on W.D.Mo.: Wrong address in SW wasn’t fatal where right house was searched

FL6: Def abandoned bag by leaving it where he had no right to re-enter to retrieve it

“Hargrove left his bag on a residential property that he had no legal right to enter and in a vehicle that he had no legal right to enter. Therefore, Hargrove left the bag in a place where he could not … Continue reading

Posted in Abandonment, Pretext, Probable cause | Comments Off on FL6: Def abandoned bag by leaving it where he had no right to re-enter to retrieve it