Category Archives: Abandonment

E.D.Wis.: Gov’t didn’t show abandonment of package by sender because of error in address where recipient refused it

The USPS Postal Inspector did not act reasonably in determining that the package with methamphetamine was abandoned. The recipient disclaimed any interest in it, and the investigation into the sender, who would still have an interest in it, was woefully … Continue reading

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E.D.Pa.: Def saw police car and walked to other side of street, dropped his gun, and came back to submit to police, and that was abandonment

“Defendant unequivocally intended to abandon the firearm. After the patrol car was near the scene, Defendant walked away from it. While walking, Defendant bent down next to a parked vehicle on Pacific Street and dropped a metallic object on the … Continue reading

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CA6: Tossing gun to avoid police is abandonment

Defendant voluntarily answered questions, but he tossed his gun, and that’s an abandonment. United States v. Matthews, 2017 U.S. App. LEXIS 8292 (6th Cir. May 8, 2017). Two lane changes were reasonable suspicion for defendant’s stop that led to finding … Continue reading

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NJ: Trial court was clearly erroneous in finding apartment was abandoned

The apartment was clearly not abandoned, and the trial court’s finding that it was was clearly erroneous. It had furniture and other stuff in it showing occupancy, and the officers never asked the landlord whether it was unoccupied. The trial … Continue reading

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CA9: Def’s conduct showed abandonment of laptop at another’s house while he was in jail

Defendant lost any reasonable expectation of privacy in his laptop computer. It was in somebody else’s house, and he was missing for three months as far as they were concerned, but he was in jail. He could have asserted control … Continue reading

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FL: Def abandoned gun by storing it in attic of friend’s house where friend said gun wasn’t allowed in house

Defendant abandoned his gun by putting it in his friend’s attic in a shoebox after he was told the gun was not welcome in the house. Heyne v. State, 2017 Fla. LEXIS 748 (April 6, 2017). The PO had reasonable … Continue reading

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MO: Police could arrest def at motel and wait until next day to get into his room for nonpayment of rent

Defendant was first stopped because housekeeping at the hotel he was staying in saw dope in the room and management locked him out and called the police. He was stopped on foot and it was discovered there was a warrant … Continue reading

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IL: Dropping bottle when officer rolled down his window and said “come here” was not in response to a seizure

Defendant abandoned bottle of cannabis by dropping it when the officer rolled down his window and said “come here.” The court spends many paragraphs agreeing with the trial court that defendant hadn’t been seized at that point because it was … Continue reading

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E.D.Cal.: Def had acceded to eviction in NYC civil court so he lost his REP in his apartment

By the time the search occurred here, the defendant had, without doubt, been civilly evicted in NYC, and he even stipulated to loss of the apartment in Civil Court proceedings before the search occurred. Whether there was a notice placed … Continue reading

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E.D.Mich.: Govt assertion house was abandoned wasn’t reasonable; yard kept, trash bin out front, van in driveway

The officers weren’t reasonable in their conclusion that the house they searched was abandoned. There was no property record check and the yard was “reasonably kept” with a trash bin out for collection, bars on the windows, and a white … Continue reading

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