S.D.W.Va.: Def’s admissions on body camera duffle bag wasn’t his denies him standing

“The body camera recording clearly shows that Defendant denied any ownership interest in the duffel bag at the time of the stop. As such, the Court finds that Defendant voluntarily abandoned the duffel bag and therefore lost any reasonable expectation of privacy he had in it at the time of his denial. Accordingly, Defendant is precluded from seeking to suppress the firearms recovered during Sgt. Napier’s search of the duffel bag on these grounds.” Facts were otherwise developing during the traffic stop that became reasonable suspicion for extending the stop. United States v. Chafin, 2018 U.S. Dist. LEXIS 93129 (S.D. W.V. June 4, 2018).*

A warrant can become stale between issuance and execution, but this one for marijuana usage in the blood isn’t. “Therefore, evidence of Defendant’s drug use between August 22, 2017 and August 30, 2017 would be useful as evidence that Defendant regularly used drugs at the time of his alleged firearm possession.” United States v. Leick, 2018 U.S. Dist. LEXIS 93025 (N.D. Iowa June 2, 2018).*

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