E.D.N.C.: Weapons tossed by somebody other than def isn’t his abandonment

Weapons tossed by somebody other than the defendant aren’t abandoned as to the defendant. The search was valid as a parole search under state law. United States v. Scott, 2017 U.S. Dist. LEXIS 217307 (E.D. N.C. Dec. 20, 2017) (R&R).

Defendant submitted no affidavit claiming an interest in the parcel here sufficient to give him standing to contest the search. Even so, the search was with a search warrant issued on probable cause. United States v. Villegas, 2018 U.S. Dist. LEXIS 21940 (W.D. N.Y. Feb. 9, 2018).*

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