Category Archives: Abandonment

TN: Def was brought before magistrate 47¼ hours after his arrest; no Riverside violation and it wouldn’t ripen to a Gerstein violation

Defendant was brought before a magistrate 47¼ hours after his arrest and arraigned at 3:15 am, and this was presumptively reasonable. His interrogation after he was released from the hospital after arrest but before arraignment complied with Miranda, and nothing … Continue reading

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FL2: Crawl space below house screened off only by lattice work is a constitutionally protected area

One has a reasonable expectation of privacy in the crawl space below a Florida residence protected only by a lattice. A pill bottle seen there was argued by the state to be abandoned, but it was in a constitutionally protected … Continue reading

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D.Ariz.: Lifting the tarp off a parked car was reasonable as a protective sweep

Lifting the tarp off a parked car was reasonable as a protective sweep. The officer did not search the car – he only looked in it to make sure no one was hiding there. Defendant’s wife permitted entry into the … Continue reading

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SD: Jury instruction on refusal of UA in a drug case was proper

At the Sturgis motorcycle rally, an officer noticed a couple enter a porta potty at 1 am. Finding this unsual, he went up and listened. He heard something that barely suggested they weren’t using the facilities for the intended use … Continue reading

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E.D.Wis.: Gov’t didn’t show abandonment of package by sender because of error in address where recipient refused it

The USPS Postal Inspector did not act reasonably in determining that the package with methamphetamine was abandoned. The recipient disclaimed any interest in it, and the investigation into the sender, who would still have an interest in it, was woefully … Continue reading

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E.D.Pa.: Def saw police car and walked to other side of street, dropped his gun, and came back to submit to police, and that was abandonment

“Defendant unequivocally intended to abandon the firearm. After the patrol car was near the scene, Defendant walked away from it. While walking, Defendant bent down next to a parked vehicle on Pacific Street and dropped a metallic object on the … Continue reading

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CA6: Tossing gun to avoid police is abandonment

Defendant voluntarily answered questions, but he tossed his gun, and that’s an abandonment. United States v. Matthews, 2017 U.S. App. LEXIS 8292 (6th Cir. May 8, 2017). Two lane changes were reasonable suspicion for defendant’s stop that led to finding … Continue reading

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NJ: Trial court was clearly erroneous in finding apartment was abandoned

The apartment was clearly not abandoned, and the trial court’s finding that it was was clearly erroneous. It had furniture and other stuff in it showing occupancy, and the officers never asked the landlord whether it was unoccupied. The trial … Continue reading

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CA9: Def’s conduct showed abandonment of laptop at another’s house while he was in jail

Defendant lost any reasonable expectation of privacy in his laptop computer. It was in somebody else’s house, and he was missing for three months as far as they were concerned, but he was in jail. He could have asserted control … Continue reading

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FL: Def abandoned gun by storing it in attic of friend’s house where friend said gun wasn’t allowed in house

Defendant abandoned his gun by putting it in his friend’s attic in a shoebox after he was told the gun was not welcome in the house. Heyne v. State, 2017 Fla. LEXIS 748 (April 6, 2017). The PO had reasonable … Continue reading

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MO: Police could arrest def at motel and wait until next day to get into his room for nonpayment of rent

Defendant was first stopped because housekeeping at the hotel he was staying in saw dope in the room and management locked him out and called the police. He was stopped on foot and it was discovered there was a warrant … Continue reading

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IL: Dropping bottle when officer rolled down his window and said “come here” was not in response to a seizure

Defendant abandoned bottle of cannabis by dropping it when the officer rolled down his window and said “come here.” The court spends many paragraphs agreeing with the trial court that defendant hadn’t been seized at that point because it was … Continue reading

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