D.Vt.: Hiding a fanny pack in a trash can from the police was abandonment without evidence of intent to recover it

Defendant put a fanny pack in a trash can when the police were around. Without evidence he intended to retrieve it, it is treated as abandoned property that he has no standing in. United States v. Moffitt, 2023 U.S. Dist. LEXIS 110460 (D.Vt. June 27, 2023).

Defendant didn’t preserve his Franks challenge for a conditional plea so it’s waived. United States v. McCawley, 2023 U.S. App. LEXIS 16139 (6th Cir. June 26, 2023).*

Defendant didn’t preserve his Fourth Amendment claim for appeal. United States v. Willis, 2023 U.S. App. LEXIS 16238 (5th Cir. June 27, 2023).*

“Smith’s arguments against Officer Hartman’s affidavit improperly analyze the pieces of information in isolation, failing to consider the totality of the circumstances and to account for how the statements of CS1, CS2, and Smiles reinforce each other. More importantly, Smith does not discuss the corroboration provided by the police’s independent investigation. Reviewed properly, Officer Hartman’s probable cause affidavit contained statements from two confidential sources, who were familiar with the local drug culture and who provided information indicating Saunders was dealing heroin, Smith was involved, and Smith’s residence was sometimes used for drug-related activities.” United States v. Smith, 2023 U.S. Dist. LEXIS 110322 (W.D. Mo. June 27, 2023).*