Category Archives: Abandonment

DE: CI reported arrest warrant for def so he was arrested; no warrant, however, so search incident was invalid

A CI told the police that defendant had a warrant for his arrest. Without checking, the police arrested. There was no warrant, and the search incident to arrest is void. State v. Rodriguez, 2016 Del. Super. LEXIS 642 (Dec. 21, … Continue reading

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FL4: Password protected cell phone left in a stolen car still had a REP in its contents; that’s what the password means

Defendant juvenile left a cell phone in a stolen car, and it was password protected. The password protection “clearly indicat[ed] an intention to protect the privacy of all of the digital material on the cell phone or able to be … Continue reading

Posted in Abandonment, Cell phones, Reasonable expectation of privacy | Comments Off

OR: Horse owner didn’t lose privacy interest in horses being cared for by another on other’s property

Third-party property owners who were boarding defendant’s horses had the actual authority to consent to the sheriff’s entry onto their properties. Defendant didn’t have any authority to exclude the owners from particular parts of the properties where her horses stayed. … Continue reading

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OR: Def didn’t abandon backpack by not affirmatively claiming ownership of it during vehicle search by consent

The officer had reasonable suspicion something was up and the driver of a van already stopped consented to a search of the van, but that did not include a backpack that didn’t belong to him. Defendant did not abandon the … Continue reading

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WA: While cell phones are certainly “private affairs,” there’s no special abandonment rule for cell phones

Cell phones are the “private affairs” of Washingtonians under their state constitution, merely stating the obvious, but they can be abandoned like anything else, and the court declines to adopt a cell phone exception to abandonment. State v. Samalia, 2016 … Continue reading

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ID: Def was entitled to retrieve duffle bag in rental car before inventory

Defendant had standing to challenge the search of his duffle bag in a rental car. The State conceded that the officers’ conduct in refusing to allow him to take the luggage from a rental car and notifying him that the … Continue reading

Posted in Abandonment, Inventory, Standards of review | Comments Off

W.D.N.Y.: No REP in bloody tissue left in police dept bathroom

Defendant had no reasonable expectation of privacy in a bloody tissue left in a men’s bathroom at the Buffalo police station. United States v. Green, 2016 U.S. Dist. LEXIS 87388 (W.D.N.Y. July 6, 2016). Defendants’ vehicle was stopped as it … Continue reading

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N.D.Ga.: Running away from the getaway car is an abandonment

Officers had probable cause to search defendant’s car for DNA and other evidence connecting it to a bank robbery that the car was connected to. Aside from that, everybody in the car fled when it was stopped, and that’s an … Continue reading

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CA8: Fleeing from a car during a traffic stop and leaving a backpack behind is objectively an abandonment

Fleeing from a car during a traffic stop and leaving a backpack behind is objectively an abandonment. The fact it’s a semi-private place isn’t determinative here. United States v. Nowak, 2016 U.S. App. LEXIS 10956 (8th Cir. June 17, 2016):

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TX1: Cell phone was abandoned on roof of abandoned getaway car

The getaway car for a robbery was left outside the scene when the occupants got out of the car to shoot but scattered after gunfire. Defendant’s cell phone was left on the roof of the car. This was an abandonment … Continue reading

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