Category Archives: Abandonment

CA11: Carpenter isn’t retroactive; successor habeas denied

Defendant’s CSLI claim can’t be brought as a successor habeas petition. Carpenter isn’t retroactive. In re Witherspoon, 2020 U.S. App. LEXIS 29717 (11th Cir. Sept. 17, 2020). Defendant was in a stolen vehicle and had a backpack in it while … Continue reading

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Law360: Discarded Phone Rulings Misapply 4th Amendment Case Law

Law360: Discarded Phone Rulings Misapply 4th Amendment Case Law

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W.D.Mo.: That later police reports would shed more light on affidavit for SW, that’s not a Franks issue

Affidavits for search warrants are presumed to be accurate under Franks, and that’s why the defense has to make a substantial preliminary showing of falsity. Alleging merely that other more timely reports would shed light on the subject is not … Continue reading

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E.D.N.Y.: Lack of a DL doesn’t deny standing in a borrowed car

Defendant had standing to challenge the stop and search of a car he’d borrowed with permission of the owner despite the lack of a driver’s license, but he loses on the merits. United States v. Zimmerman, 2020 U.S. Dist. LEXIS … Continue reading

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CA11: Govt waives abandonment by not pleading it in the district court

Government waives abandonment by not pleading it in the district court. United States v. Ross, 2020 U.S. App. LEXIS 21028 (11th Cir. July 7, 2020), on remand from United States v. Ross, 2020 U.S. App. LEXIS 19642 (11th Cir. June … Continue reading

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OR: Disclaiming ownership of purse brought to police station police wanted to search wasn’t abandonment

Where defendant was told to bring her purse and later disclaimed ownership when the officer wanted to search it, she did not abandon it to the degree she lost ownership or a reasonable expectation of privacy in it. It wasn’t … Continue reading

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OR: Fleeing police, wrecking car, and bailing out and running away was abandonment

Defendant fled from the police and wrecked his car and nearly totaled it, leaving it where it wrecked and running away. He sought to distinguish a state case from 1980 that predated Oregon’s expansion under the state constitution, but the … Continue reading

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Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say

Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say by Kelly Taylor Hayes (“A face mask used amid the coronavirus pandemic helped police in California arrest a man suspected in a child molestation case … Continue reading

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C.D.Cal.: Habeas case seeks to enjoin state prosecution, and it is barred by Younger abstention

Petitioner’s 2241 habeas case seeks to enjoin his state prosecution, and it is barred by Younger abstention. Bibbs v. United States, 2020 U.S. Dist. LEXIS 87057 (C.D. Cal. May 18, 2020):

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OR: State didn’t prove abandonment of hotel room by supposedly checking out early

Just because hotel tenants leave the room and carries bags to their car at 8 am and saying nothing doesn’t indicate they have checked out and abandoned the room. Hotel room renters commonly do that and go to meetings and … Continue reading

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E.D.Tenn.: Pill bottle in bedroom is not subject to plain view because incriminating nature not immediately apparent

A pill bottle on top of a dresser wasn’t subject to plain view because its incriminating nature wasn’t immediately apparent. United States v. Crawford, 2020 U.S. Dist. LEXIS 74440 (E.D. Tenn. Apr. 6, 2020), adopted, 2020 U.S. Dist. LEXIS 73477 … Continue reading

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D.Mass.: Although stop might have been unreasonable, def fled from car and abandoned his drugs

Defendant’s stop likely was without reasonable suspicion, but he fled from the car after the stop and tossed a bag of drugs under another car. That was abandonment. United States v. Wilkins, 2020 U.S. Dist. LEXIS 58058 (D.Mass. Apr. 2, … Continue reading

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W.D.Ky.: Not unreasonable under 4A that state “track and trace” warrant was served by fax in another jurisdiction; at least GFE applies

A state district court judge of apparent limited jurisdiction, not general criminal jurisdiction, had apparent authority to approve a “track and trace” order, or at least subject to the good faith exception. Suppression here would prove nothing at all. As … Continue reading

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D.Kan.: Def’s hiding a gun in flight from police in the property of another was abandonment, even if he intended to return to get it

The officer did not immediately have probable cause to arrest defendant, but the unfolding circumstances before him ended up rising to probable cause. There was more than suspicion and more than proximity. Defendant’s furtive movements supplied more cause. Defendant’s hiding … Continue reading

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OR: Def’s driving to a controlled buy was PC for automobile exception; not a “police-created exigency”

Police had probable cause to stop defendant on his way to a controlled buy. This did not qualify as a “police-created exigency.” State v. Colman-Pinning, 302 Ore. App. 383 (Feb. 26, 2020). Appellant “seeks appellate relief based on a single … Continue reading

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SC: Search of cell phone abandoned at crime scene was reasonable since just to determine ownership

A shooting occurred in a Taco Bell parking lot, apparently a drug deal gone bad. Three cell phones were found in the car. The police searched them without a warrant and one was defendants. The state argued abandonment (which it … Continue reading

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