Category Archives: Abandonment

TN: Ptf’s actions at DV call justified officers’ greater force

The totality of the circumstances, including the nature of the domestic violence call, appellant’s armed presence near the scene, his rapid movement towards the officers while armed, and the short timeframe, made the officers’ use of deadly force objectively reasonable … Continue reading

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E.D.Tenn.: The alleged illegality of the later arrest doesn’t undo def’s abandonment in flight

Defendant fled, he said, in fear of his life, not knowing that it was the police. He abandoned property in flight. The fact the later arrest might turn out to be invalid doesn’t undo the abandonment. United States v. Ross, … Continue reading

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CA4: Ditching backpack when hiding from police was abandonment

Defendant abandoned his backpack when he ditched it in a motel stairwell when he was fleeing the police. United States v. Mayberry, 2025 U.S. App. LEXIS 300 (4th Cir. Jan. 7, 2025). Leaving one’s backpack and a trashbag in the … Continue reading

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OR: REP in cell phone lost when it was loaned to another

Defendant waived any reasonable expectation of privacy in this smartphone by loaning it to another [even under Oregon’s more stringent abandonment standards]. Here, it was completely out of his control because he loaned it to a young woman, and her … Continue reading

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PA: State failed in its burden of proof on inventory policy

The state failed to put on proof of the impoundment and inventory policy, so the trial court erred in finding it was reasonable. Commonwealth v. Brinson, 2024 PA Super 293, 2024 Pa. Super. LEXIS 536 (Dec. 9, 2024). Defendant’s car … Continue reading

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ID: City ordinance on trash collection did not create a REP in trash from police taking it

City ordinance on trash collection did not create a reasonable expectation of privacy in trash from police taking it for investigative purposes. State v. Pulizzi, 2024 Ida. LEXIS 132 (Nov. 29, 2024). The probation officer had a wealth of reasonable … Continue reading

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FL6: Def confesses error that his motion to suppress abandoned property shouldn’t have been granted

Defendant moved to suppress something he threw away in flight from the police, and the trial court granted it. On appeal, he confesses error that it was abandoned. Reversed. State v. Howard, 2024 Fla. App. LEXIS 9246 (Fla. 6th DCA … Continue reading

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W.D.Pa.: Protective sweep of house was reasonable despite def’s arrest outside

The officers had knowledge defendant had confederates in his drug operation. While he was arrested outside his house, a protective sweep inside was still shown to be reasonable. United States v. Pope, 2024 U.S. Dist. LEXIS 209740 (W.D. Pa. Nov. … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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