{"id":63992,"date":"2026-05-03T10:51:52","date_gmt":"2026-05-03T15:51:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63992"},"modified":"2026-05-03T10:51:52","modified_gmt":"2026-05-03T15:51:52","slug":"d-d-c-placing-firearm-on-wheel-of-parked-car-was-abandonment","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63992","title":{"rendered":"D.D.C.: Placing firearm on wheel of parked car was abandonment"},"content":{"rendered":"\n<p>Police observed defendant place a firearm on the wheel of a parked car where it remained in plain view, and he was later arrested. The firearm was abandoned property, not subject to the search incident doctrine, and the DNA warrant for touch DNA off the gun was issued with probable cause. United States v. Smith, 2026 U.S. Dist. LEXIS 96554 (D.D.C. May 1, 2026).*<\/p>\n\n\n\n<p>\u201cThe law is well-settled in the Third Circuit that neither a prisoner, nor the recipient of the phone call from the prisoner, have a reasonable expectation of privacy in phone calls that are made from a prison facility.\u201d United States v. Tuggles, 2026 U.S. Dist. LEXIS 96571 (E.D. Pa. May 1, 2026).*<\/p>\n\n\n\n<p>Defendant\u2019s objections only argue about whether defendant likely was the person carrying drugs and was it \u201cbare bones.\u201d There was particularly and a clause about anything else, but, on the whole, the good faith exception applies. United States v. Kelly, 2026 U.S. Dist. LEXIS 96401 (W.D. La. Apr. 16, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police observed defendant place a firearm on the wheel of a parked car where it remained in plain view, and he was later arrested. The firearm was abandoned property, not subject to the search incident doctrine, and the DNA warrant &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63992\">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":[48,11,20],"tags":[],"class_list":["post-63992","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63992","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=63992"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63992\/revisions"}],"predecessor-version":[{"id":63993,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63992\/revisions\/63993"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63992"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63992"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63992"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}