Category Archives: Abandonment

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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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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