IA: Breaking cell phone in half and throwing it out window of moving car shows abandonment

Removing a cell phone’s battery, breaking the phone in half, and throwing it out the window of a moving car is indicative of abandonment. State v. Hurdel, 2022 Iowa App. LEXIS 784 (Oct. 19, 2022).

“While this [KC ordinance] provision requires officers to allow an arrestee time to arrange for the vehicle’s timely removal, it does not require officers to affirmatively ask arrestees if they would like someone to pick up their vehicle. Additionally, ‘[n]othing in the Fourth Amendment requires a police department to allow an arrested person to arrange for another person to pick up his car to avoid impoundment and inventory.’ Morris, 915 F.3d at 556 ….” United States v. Tripp, 2022 U.S. Dist. LEXIS 190003 (W.D. Mo. Sep. 9, 2022).*

Iowa reiterates it does not recognize reasonable mistakes of law by officers. State v. Friend, 2022 Iowa App. LEXIS 793 (Oct. 19, 2022).*

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