Category Archives: Abandonment

CA11: Def argued there was no authority for use of a cell site simulator to track him; police had a tracking warrant issued on PC, and that’s all that’s required

Defendant was arrested coming out of a Dollar General Store, and officers smelled marijuana around his car. Even though defendant wasn’t in it, the car was still “mobile” for automobile exception purposes, and the smell provided probable cause. Defendant also … Continue reading

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D.N.M.: Abandonment of suitcase followed nonconsensual and unreasonable detention; suppressed

This is another Albuquerque bus station luggage sweep. The officers did not manipulate the baggage; they just opened the container and looked at them. Defendant’s detention was not by consent, and that Fourth Amendment violation led to her abandonment. “The … Continue reading

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CA8: Denying any knowledge of a car or its contents is abandonment of a cell phone found inside it; cell phones subject to abandonment

Defendant was believed connected to a shooting involving a Buick. He was taken back to the Buick after arrest, and he denied all knowledge of the Buick. Inside was found a cell phone that the police seized and obtained a … Continue reading

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NY4: Man with a gun report led police within one minute to couple on street, and def abandoned gun

Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading

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NY3: Failure to search cell phone within the time limits on the warrant after timely seizure required suppression

Defendant’s cell phone was seized under a search warrant but the search did not occur for two months. The cell phone search violated state law because the search did not occur within the ten days required by the rule and … Continue reading

Posted in Abandonment, Cell phones, Warrant execution | Comments Off

D.Nev.: Def’s losing an SD card with CP on it wasn’t abandonment; but he loses because there was PC for SW

Defendant claimed he lost an SD card, and it ended up stuck to his girlfriend’s leg, and she discovered it when she wasn’t around him. He didn’t abandon it, so he had standing. The girlfriend put the SD card in … Continue reading

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W.D.N.C.: First def denied ownership of backpack, and after drugs were found he claimed it; “the fact that defendant claimed ownership of the backpack after the search is of no moment.”

First defendant denied ownership of the backpack, and the police searched it. “[T]he fact that defendant claimed ownership of the backpack after the search is of no moment.” That was abandonment. United States v. Ferebee, 2017 U.S. Dist. LEXIS 193791 … Continue reading

Posted in Abandonment, Administrative search | Comments Off

WA: Appeal should have been from dismissal after granted suppression order; appeal dismissed

State couldn’t appeal a suppression order after it moves to dismiss a case. It should have appealed the dismissal order or both. State v. Cruz, 2017 Wash. LEXIS 997 (Nov. 2, 2017). Dropping a coat with a gun in the … Continue reading

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OR: No REP in a camera and SD card left recording in a Starbucks bathroom

Defendant left a camera disguised as a cell phone charger in a Starbucks bathroom. It was found by a customer and turned over to the store manager. The manager believed it to be a camera, opened the back, and found … Continue reading

Posted in Abandonment, Reasonable expectation of privacy | Comments Off

D.Mass.: Being jailed is not an abandonment of property in a storage unit

“The court acknowledges the government’s point that Moran did not retain a key to the storage unit once he was jailed, and that Moran had appeared perfectly amenable to the bags being placed in Alysha’s more heavily-trafficked apartment rather than … Continue reading

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OH5: Visitor to house during parole search denied anything in house was his, and that was abandonment of backpack with 254 oxys and heroin found upstairs

Defendant was visiting a house that was subjected to a parole search for drugs and firearms. He and another were moved to a central location so officers could keep an eye on them while the search was being conducted. He … Continue reading

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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

Posted in Abandonment, Curtilage, Knock and talk, Reasonable suspicion | Comments Off