{"id":5093,"date":"2011-08-08T08:12:03","date_gmt":"2011-01-16T17:33:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-16T17:33:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5093","title":{"rendered":"CA5: Defendant&#8217;s abandonment of iPhone in truck when he fled from them was waiver of REP"},"content":{"rendered":"<p>Defendant\u2019s abandoning his truck and iPhone in flight from the police was a waiver of his expectation of privacy in both. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cunpub%5C09\/09-51012.0.wpd.pdf\">United States v. Self<\/a>, 414 Fed. Appx. 611 (5th Cir. 2011) (unpublished).*<\/p>\n<p>In an argument over whether the third attachment to a search warrant was there when it was executed, the court finds that it was, although not to the copy in the return. Moreover, the search warrant adequately addresses the attachment. United States v. Glinberg, 2010 U.S. Dist. LEXIS 139697 (E.D. Wis. November 22, 2010).*<\/p>\n<p>Defendant succeeds in showing that he was not violating the statute on unsafe backing when he was stopped by the police, so the stop would be invalid on that ground. Instead, the officer knew his license was suspended, and that forms an independent basis for the stop. United States v. Guice, 2010 U.S. Dist. LEXIS 139711 (M.D. Ala. November 3, 2010)*<\/p>\n<p>The <a href=\"http:\/\/scholar.google.com\/scholar_case?case=14617911839617855186&amp;q=maryland+v.+buie&amp;hl=en&amp;as_sdt=2,4\">protective sweep<\/a> of defendant\u2019s house was justified because \u201cthe officers had reason to believe that Portis had firearms in his house and had just shot at someone. They were also aware that Portis was both a person of interest in a homicide investigation and an army-trained \u2018expert marksman.\u2019\u201d And, there was reason to believe another was in the house. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/094853.U.pdf\">United States v. Portis<\/a>, 407 Fed. Appx. 669 (4th Cir. 2011) (unpublished)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5093\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5093","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5093","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5093"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5093\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5093"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}