Category Archives: Abandonment

S.D.Cal.: Police declining to search on wife’s consent could follow her to spot and watch her do it without it being govt action

Under the two-part test, the Court finds that Ms. Valenzuela was not functioning as a government instrument at the time of her [*17]  search. As to the first prong, the Chula Vista officers clearly “knew of” Ms. Valenzuela’s actions because … Continue reading

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S.D.Ill.: Running away from a stopped car saying it’s not yours is abandonment

Defendant was stopped for overtinted windows and speeding. He got out and refused to get back in. Finally, he ran away saying the car was not his. That’s abandonment. United States v. Wiley, 2023 U.S. Dist. LEXIS 22439 (S.D. Ill. … Continue reading

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OH7: Computers are portable, and PC (nexus) moves with them

There was probable cause for child pornography in defendant’s computers in his temporary home he was occupying after a fire at his home. Computers are highly portable and can easily move from place to place. State v. Boyd, 2023-Ohio-271, 2023 … Continue reading

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W.D.Tex.: Tasering a suspect before search of the person didn’t taint the search

Tasering a suspect before a search of the person doesn’t taint the search. They were unconnected. United States v. Turner, 2023 U.S. Dist. LEXIS 12453 (W.D. Tex. Jan. 25, 2023).* Defendant in his 2255 doesn’t show ineffective assistance of counsel … Continue reading

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IL: Even with recreational MJ, smell in a car can provide PC; pre-rec precedent adhered to

Even with recreational marijuana, it has to be transported in odor proof containers, and that means the smell of marijuana remains probable cause in Illinois. People v. Hall, 2023 IL App (4th) 220209, 2023 Ill. App. LEXIS 12 (Jan. 25, … Continue reading

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CA3: Delaware “hit and hold” practice for entries not decided because of consent

The court declines to decide the officers’ “hit and hold” entries where they entered without a warrant but under alleged exigency, secured the premises, and then sought a search warrant. Because there was independent justification for the warrantless search after … Continue reading

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MN: “Deer-in-the-headlights” look is a factor in RS

“But statements about a deer-in-the-headlights facial expression are commonplace in caselaw assessing whether a police officer has articulable, reasonable suspicion to justify a stop under the Fourth Amendment. There are over a dozen federal appellate decisions, including an opinion from … Continue reading

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AL: When def was being taken to ER for chest pains, looking in pocket of jacket he wanted to take and a pill bottle inside was reasonable

Complaining of chest pains, defendant called 911. Attached to his address was a “safety alert” that police should show up for the safety of EMTs and firemen. As he was being transported to the hospital, he asked for his coat … Continue reading

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W.D.N.C.: Def did not abandon backpack by hiding it nearby in bushes; he retained control

Defendant was at a McDonald’s with friends outside a car. When he saw the police, he put his backpack in the bushes to hide it while remaining nearby. He also went back to it to push it deeper into the … Continue reading

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E.D.Ky.: Guns found during drug seizable as instrumentality of crime

In a drug search warrant, firearms found during the search are seizable as an instrumentality of a drug crime. United States v. Wilkins, 2022 U.S. Dist. LEXIS 200342 (E.D. Ky. Oct. 19, 2022). Defendant’s running from his car during a … Continue reading

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D.Neb.: Affidavits for SWs are judged by what they contain, not what they lack

Affidavits for search warrants are judged by what they contain, not what they lack. United States v. Cass, 2022 U.S. Dist. LEXIS 195502 (D. Neb. Sep. 30, 2022), adopted, 2022 U.S. Dist. LEXIS 197043 (D.Neb. Oct. 26, 2022). It was … Continue reading

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IA: Breaking cell phone in half and throwing it out window of moving car shows abandonment

Removing a cell phone’s battery, breaking the phone in half, and throwing it out the window of a moving car is indicative of abandonment. State v. Hurdel, 2022 Iowa App. LEXIS 784 (Oct. 19, 2022). “While this [KC ordinance] provision … Continue reading

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FL1: Illegal patdown led to flight and lawful abandonment

Defendant was lawfully stopped, but his patdown was unreasonable. Then he fled on foot. That was abandonment, despite the illegal search. Atwood v. State, 2022 Fla. App. LEXIS 6855 (Fla. 1st DCA Oct. 12, 2022):

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CA4: Bank robbery def abandoned the getaway car and his cell phone in it

“[T]he district court did not clearly err by finding that Pridgen abandoned the getaway vehicle and his cell phone, and, thus, the court did not err by finding that he lacked a reasonable expectation of privacy in those items when … Continue reading

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CA1: Road rage incident day before justified search incident of car for weapon involved

Defendant was driving a white Corvette and he allegedly was involved in a road rage incident with occupants of a landscaping truck where he flashed a gun. An APB was put out for him, and he was stopped the next … Continue reading

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DC: Tracking def off his WMATA fair card was like Knotts and reasonable

Police use of information off of defendant’s WMATA fare card first to find him to arrest him for a robbery on a train and then to place him on a train at the time of the robbery was reasonable. This … Continue reading

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MN: When prosecution shows private search doctrine applies, defense has burden to show government action

When a defendant moves to suppress the evidence obtained from a warrantless search and the State proves that the private search doctrine applies, the burden to show that the private party was acting on behalf of the government falls on … Continue reading

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W.D.Ky.: Presence of a passenger doesn’t alter analysis of abandonment of a vehicle

Defendant’s flight from an automobile is a waiver of his reasonable expectation of privacy. The fact a passenger was left behind doesn’t make it not abandonment as to him. United States v. Howard, 2022 U.S. Dist. LEXIS 140670 (W.D. Ky. … Continue reading

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IA: Smell of MJ smoke 6 days earlier wasn’t stale here

“[W]e conclude that although this was an isolated event and the evidence sought was easily removable, the passage of six days was not significant enough to render the warrant stale.” State v. Euchner, 2022 Iowa App. LEXIS 590 (Aug. 3, … Continue reading

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CA8: Inventory was reasonable despite officer expecting to find drugs

There was reasonable suspicion for defendants’ stop. The subsequent inventory was facially valid because it followed departmental policy. “That Detective Parks happened upon contraband in the course of this search does not transform an otherwise valid inventory search into a … Continue reading

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