Category Archives: Abandonment

D.N.M.: Def parked car near his house but left it in gear with the key in the ignition; it was not abandoned

Defendant did not abandon his car. He parked it at his house and went inside. His dog was still inside. The entry into his car was reasonable under the community caretaking function because it was left in gear, and a … Continue reading

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M.D.La.: The govt alleged the house was abandoned, and def had the burden to prove standing and failed

“The parties’ briefing and the testimony at the hearing further suggest that the house was abandoned and that any search occurred away from Defendant’s ‘residence of record’ or an ‘additional residence on Osceola Street.’ … Contrary to a suggestion in … Continue reading

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S.D.Ga.: Payton‘s standard is “reason to believe” under a common sense approach and not PC

The Payton standard for determining whether a person is home for execution of an arrest warrant is “reason to believe” under a common sense approach and not a more demanding probable cause requirement. In addition, defendant’s actions showed he abandoned … Continue reading

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D.D.C.: Overdetention claim doesn’t lie under 4A but does under 5A

Plaintiff’s overdetention claim doesn’t lie under the Fourth Amendment but it does under the Fifth. “According to Jones, strip searching an inmate who has been ordered released before returning that inmate to the general population violates the Fourth Amendment unless … Continue reading

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TN: Parole search applied to bedroom def shared with girlfriend but not to another bedroom in the house occupied by a non-parolee

Defendant shared a bedroom with his girlfriend, and another person lived in the house. He was subject to reasonable parole searches, and the court concludes that it applies to everything in the room he shared with his girlfriend. It did … Continue reading

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E.D.Ky.: Carpenter doesn’t apply to CSLI gathered 17 months before under GFE

In January 2017, defendant was in a car where the driver was arrested, and he was detained too. Calls were made from their cell phones to tell the codefendant’s father to “clean out” the house before a search warrant arrived. … Continue reading

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D.Mass.: USMJ’s spouse’s employment as a doctor at a related institution that was a victim doesn’t make her not neutral and detached when she signs SW

The USMJ here was still neutral and detached. The victim of the crime was a non-profit associated with Harvard. Her husband worked as a doctor for hospital associated with Harvard. That wasn’t a close enough relationship to require recusal. United … Continue reading

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SC: Of course def didn’t intend to leave his cell phone at the scene of a burglary, but he did, and that’s still abandonment

Defendant lost his cell phone at the scene of a burglary. The court grants the fundamental premise that a cell phone has the “privacies of life,” but his unintentional abandonment of the phone doesn’t preclude the government from searching it … Continue reading

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N.D.Ga.: Declining to interact with an officer is not RS

Defendant’s declining to interact with the officer and trying to avoid him is not reasonable suspicion because people have a right to do that. United States v. Brown, 2018 U.S. Dist. LEXIS 97602 (N.D. Ga. May 10, 2018). Defendant abandoned … Continue reading

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VA: Gun in plain view left in car was seizable under Long

Defendant fled from a car, and a gun was in plain view in the car. The officer acted reasonably in searching the car to secure the firearm under Michigan v. Long [aside from abandonment of the car] because defendant could … Continue reading

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E.D.Ky.: A cell phone left in an abandoned car is also abandoned

A cell phone left in an abandoned car is also abandoned. United States v. Green, 2018 U.S. Dist. LEXIS 75738 (E.D. Ky. May 4, 2018). The police had a search warrant for animal fighting for the dogs and papers for … Continue reading

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IN: Recording a recording off a Facebook account doesn’t violate the federal wiretap law

Defendant was accused of breaking into his ex-girlfriend’s apartment and stealing her work iPad and other personal things. She signed on to his Facebook account with a password he’d previously given her. She found a recording there which admitted he … Continue reading

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