Defendant was on probation, and the unannounced probation home visit resulted in a plain view of cocaine that was admissible in evidence. The home visits were provided for in the probation agreement, and they did not have to be based on reasonable suspicion. (A home visit is an inspection but not a search.) Commonwealth v. Parker, 2016 PA Super 280, 2016 Pa. Super. LEXIS 751 (Dec. 12, 2016).
Defendant does not allege that the officer’s [mis]conduct caused him to discard the weapon. Therefore, it’s a pure abandonment. People v. Ellis, 2016 NY Slip Op 26417, 2016 N.Y. Misc. LEXIS 4561 (Kings Co. Nov. 15, 2016).*