OH12: Def’s denial of ownership of her purse twice was abandonment

Defendant’s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. State v. Martin, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).*

The search warrant for child pornography here was based on a report from defendant’s son who was repairing his computer. The private search wasn’t exceeded. United States v. Blake, 2019 U.S. Dist. LEXIS 113297 (S.D. W.Va. July 9, 2019).*

This is an excessive force case. It wasn’t an abuse of discretion to admit evidence that defendant was the subject of a search warrant for being felon in possession. Care should be taken to prevent juries from unnecessarily finding out that a party has a felon, but here it was context. “Jurors ‘who hear a story interrupted by gaps of abstraction may be puzzled at the missing chapters.’ Old Chief v. United States, 519 U.S. 172, 189 (1997).” Young v. Stephens, 2019 U.S. App. LEXIS 20278 (10th Cir. July 9, 2019).*

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