Category Archives: Abandonment

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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E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind

Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer … Continue reading

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D.Utah: The REP is reduced on the curtilage of a duplex

Defendant was found to have abandoned property on the common area of the duplex. The privacy of the curtilage is reduced when there are others on the joint property of a duplex. United States v. Lucero, 2018 U.S. Dist. LEXIS … Continue reading

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E.D.N.C.: Weapons tossed by somebody other than def isn’t his abandonment

Weapons tossed by somebody other than the defendant aren’t abandoned as to the defendant. The search was valid as a parole search under state law. United States v. Scott, 2017 U.S. Dist. LEXIS 217307 (E.D. N.C. Dec. 20, 2017) (R&R). … Continue reading

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M.D.Fla.: Def’s admission he hadn’t used phone in a year when he left it where he last lived supported finding abandonment

During a knock-and-talk, defendant admitted that he had not used a particular cell phone in over a year because it had a cracked screen. He was kicked out of a house and he left it behind with other belongings. Based … Continue reading

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ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. … Continue reading

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N.D.Ga.: Def didn’t abandon shopping bag by putting it down while he played basketball

The court declines to adopt the R&R that defendant abandoned or had no reasonable expectation of privacy in a shopping bag by defendant setting it down on gym bleachers while he was in the gym playing basketball. United States v. … Continue reading

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