D.Ariz.: Defendant running off into the desert while handcuffed was abandonment of the bag he had at his feet

Defendant “abandoned his reasonable expectation of privacy when he ran and left the satchel unattended in the desert. The bag was placed next to him by Agent Fletcher. Although it may have been difficult for the defendant to retrieve the bag and run with it, since his hands were handcuffed behind his back, the alternative would have been to remain with the bag.” United States v. Flores-Villareal, 2015 U.S. Dist. LEXIS 175108 (D.Ariz. Oct. 26, 2015),* adopted 2016 U.S. Dist. LEXIS 6547 (D. Ariz. Jan. 16, 2016).*

Defendant’s stop was based on a random check on whether the vehicle was insured. This is the reasonable suspicion: “Officer DeLeon testified to several factors that led him to believe, based on his experience in law enforcement, that Vela was involved in criminal activity. Vela seemed deceptive and evasive when he answered questions about the passengers in the vehicle and their travel itinerary. He hesitated before answering questions and would not give direct answers. During questioning, Vela appeared nervous; he moved around quite a bit and gestured dramatically with his hands, which, based on the officer’s training, indicated that Vela could be lying. Officer DeLeon’s suspicions were confirmed when he questioned the passenger, who gave conflicting information.” United States v. Vela, 2016 U.S. Dist. LEXIS 7934 (S.D.Tex. Jan. 25, 2016).*