D.Ore.: Def leaving his duffle bag on a public street and walking away from it was abandonment

“Examining defendant’s conduct objectively I find that he abandoned the duffel bag containing the heroin before the warrantless search he challenges. He left the bag unattended in plain view without an identification tag to show an ownership interest, He deliberately walked away leaving the bag on a public street where any passerby would have access to it. I am satisfied that his actions are objectively inconsistent with a continued expectation of privacy in the property. Nordling, 804 F.2d at 1470. [¶] I reject defendant’s argument that an express verbal disclaimer of possessory interest is necessary to find that he abandoned the duffel bag. Defendant’s actions alone provide an adequate objective basis to conclude that he intended to disavow any interest whatsoever in the bag and the heroin it contained. [¶] I also reject defendant’s argument that his actions showed an intent to retain a possessory interest in the bag by hiding it for later retrieval. …” United States v. Mamani-Vidal, 2017 U.S. Dist. LEXIS 21279 (D.Ore. Feb. 15, 2017).