{"id":50106,"date":"2021-10-31T09:56:44","date_gmt":"2021-10-31T14:56:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50106"},"modified":"2021-11-01T08:06:41","modified_gmt":"2021-11-01T13:06:41","slug":"ny3-tossing-backpack-from-ones-window-into-the-window-of-the-abandoned-house-next-door-to-avoid-seizure-is-a-waiver-of-rep","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50106","title":{"rendered":"NY3: Tossing backpack from one&#8217;s window into the window of the abandoned house next door to avoid seizure is a waiver of REP"},"content":{"rendered":"\n<p>When the police came to his house, defendant threw a backpack with a sawed-off rifle from his second floor window into a window of the house next door. He claimed that house was his uncle&#8217;s, but it was unsecured and apparently abandoned because the door was always open and it was dusty and dirty inside. That was a waiver of any reasonable expectation of privacy in the backpack. Also, his jail calls made with his phone account PIN had no reasonable expectation of privacy. <a href=\"https:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_05893.htm\">People v. Logan<\/a>, 2021 NY Slip Op 05893, 2021 N.Y. App. Div. LEXIS 5935 (3d Dept. Oct. 28, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s car was stopped for suspected shoplifting, the LPN and description matching the radio report. The passenger admitted the theft. There was thus probable cause for a search of the car. The police had independent evidence of him being involved in the local meth trade. A search warrant for his house was also executed. All the searches were valid. <a href=\"https:\/\/www.nebraska.gov\/apps-courts-epub\/public\/viewOpinion?docId=N00008167PUB\">State v. Warburton<\/a>, 30 Neb. App. 315, 2021 Neb. App. LEXIS 250 (Oct. 26, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the police came to his house, defendant threw a backpack with a sawed-off rifle from his second floor window into a window of the house next door. He claimed that house was his uncle&#8217;s, but it was unsecured and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50106\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48,36,113],"tags":[],"class_list":["post-50106","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-automobile-exception","category-prison-and-jail-searches"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50106","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50106"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50106\/revisions"}],"predecessor-version":[{"id":50124,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50106\/revisions\/50124"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50106"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}