{"id":61195,"date":"2025-06-04T07:08:40","date_gmt":"2025-06-04T12:08:40","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61195"},"modified":"2025-06-04T07:08:40","modified_gmt":"2025-06-04T12:08:40","slug":"la5-off-duty-officer-feeling-a-bag-was-a-search-but-bag-was-abandoned","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61195","title":{"rendered":"LA5: Off-duty officer feeling a bag was a search, but bag was abandoned"},"content":{"rendered":"\n<p>Defendant left a bag on the counter of a gym and went outside and acted suspicious. An off-duty officer was a customer. He felt the bag, feeling a gun. Then police were called. This qualified as a government search, but the bag was abandoned. <a href=\"https:\/\/www.fifthcircuit.org\/dmzdocs\/WI\/Writ%20Disposition\/2025\/9A0F3D62-E997-489C-A6B2-D40469DC2CF0.pdf\">State v. Pierce<\/a>, 2025 La. App. LEXIS 1025 (La. App. 5 Cir June 2, 2025).<\/p>\n\n\n\n<p>\u201c[A]n invited guest who \u2018drops by\u2019 on a brief visit cannot show that he has a reasonable expectation of privacy in a residence.\u201d In any event, there was an arrest warrant for defendant, and that justified the entry. United States v. Taylor, 2025 U.S. Dist. LEXIS 105154 (N.D. Ohio Apr. 11, 2025).*<\/p>\n\n\n\n<p>Plaintiff\u2019s efforts to distinguish furtive movement cases that led to his shooting only show that the law wasn\u2019t clearly established, and that means qualified immunity. Benton v. Layton, 2025 U.S. App. LEXIS 13486 (4th Cir. June 3, 2025).*<\/p>\n\n\n\n<p>State statute stating that the smell of marijuana alone can be the basis for a search doesn\u2019t apply to offenses before its effective date, July 1, 2023. Cutchember v. State, 2025 Md. App. LEXIS 456 (June 2, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant left a bag on the counter of a gym and went outside and acted suspicious. An off-duty officer was a customer. He felt the bag, feeling a gun. Then police were called. This qualified as a government search, but &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=61195\">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":[48,51,40,73,34],"tags":[],"class_list":["post-61195","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-plain-view","category-qualified-immunity","category-search","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61195","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=61195"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61195\/revisions"}],"predecessor-version":[{"id":61196,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61195\/revisions\/61196"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61195"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61195"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61195"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}