CA11: Putting a backpack in trunk and distancing self from it and then giving false name was abandonment

The search of defendant’s backpack was supported by two rationales: Lack of a reasonable expectation of privacy and automobile exception. As to the former, “Even if Rivera did have a reasonable expectation of privacy, the district court found that Rivera abandoned the backpack by dropping it back into the car and physically distancing himself from it while giving a false name.” United States v. Rivera, 2016 U.S. App. LEXIS 5675 (11th Cir. March 28, 2016).* [Hard to see how the false name adds to abandonment.]

Defendant raised 250 IAC claims, and two involved search issues. Before the trial, the district court ruled that some evidence was suppressed but it could come in if the defense opened the door to it. Defense counsel strategically avoided those things. It was not IAC to fail to raise lack of probable cause. Even so, defendant doesn’t show that there was a reasonable probability of a different outcome. Guess v. United States, 2016 U.S. Dist. LEXIS 39889 (E.D.Va. March 25, 2016).*