Category Archives: Abandonment

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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CA6: Hodari D. doesn’t distinguish between accidentally or intentionally dropping contraband; it’s still abandonment

Officers pulled up to stop defendant on the street seeing a gun in his pocket, and he fled, dropping the gun. “Defendant also argues that Hodari D. is inapplicable because he inadvertently dropped his weapon, as opposed to ‘intentionally abandoning’ … Continue reading

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D.Ore.: Def leaving his duffle bag on a public street and walking away from it was abandonment

“Examining defendant’s conduct objectively I find that he abandoned the duffel bag containing the heroin before the warrantless search he challenges. He left the bag unattended in plain view without an identification tag to show an ownership interest, He deliberately … Continue reading

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S.D.Fla.: Throwing a bag aside when seeing the police is an abandonment

Throwing a bag aside when seeing the police is an abandonment. It was speculation he would retrieve it if the police didn’t get it. United States v. Morrow, 2017 U.S. Dist. LEXIS 14604 (S.D. Fla. Jan. 20, 2017),* adopted, 2017 … Continue reading

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W.D.Va.: Leaving cell phone outside fed courthouse under ashtray, where CSOs commonly recommended hiding phones, was a waiver of REP in phone, albeit not abandonment

Defendant came to the federal courthouse because his mother was being arrested, and DHS officers invited him there. He did not know that he had an arrest warrant, too. When he got to the courthouse, he was told he couldn’t … Continue reading

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D.Utah: Tossing bag of drugs onto somebody else’s porch is an abandonment; where the police were standing doesn’t matter

Defendant’s tossing a black bag with drugs onto the porch of another apparently attempting to distance himself from them was an abandonment, and he had no standing as to what was thrown onto the porch. It matters not where the … Continue reading

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S.D.N.Y.: Tossing gun in flight is abandonment even if the initial stop would have been unreasonable

Defendant’s tossing a gun in flight from the police is abandonment no matter how unreasonable the initial stop might have been. United States v. Jones, 2016 U.S. Dist. LEXIS 173592 (S.D.N.Y. Dec. 14, 2016):

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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

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