The court declines to adopt the R&R that defendant abandoned or had no reasonable expectation of privacy in a shopping bag by defendant setting it down on gym bleachers while he was in the gym playing basketball. United States v. Copeland, 2018 U.S. Dist. LEXIS 9474 (N.D. Ga. Jan. 22, 2018).
“Based on the totality of the circumstances, the Defendants voluntarily consented to a search of their residence and cars. The Defendants were informed of their right to refuse. Prior to obtaining consent and conducting the search, PSP officers provided Defendants with a consent form. The consent form specifically stated, in bold and capitalized font, ‘I have been told that I do not have to give my consent. I have the right to refuse this request, and that the police may not be able to conduct this search without a search warrant unless I give my consent.’ (Trans., at 49:4-18.) Such warning was sufficient to notice Defendants of their right to refuse and weighs heavily in favor of finding that the consent was voluntary.” United States v. Valentine, 2018 U.S. Dist. LEXIS 9481 (M.D. Pa. Jan. 22, 2018).*