{"id":7022,"date":"2012-05-15T20:54:22","date_gmt":"2012-04-25T00:05:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-24T22:50:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7022","title":{"rendered":"D.Neb.: Defendant’s dropping cell phone and car keys in bush was RS in a high crime area"},"content":{"rendered":"

In a high crime area, officers observed defendant dropping a cell phone and car keys into bush. That was reasonable suspicion. They did not violate the Fourth Amendment by pressing the key fob to find the car. United States v. Cowan<\/a>, 674 F.3d 947 (8th Cir. 2012). United States v. Figures, 2012 U.S. Dist. LEXIS 55641 (D. Neb. April 20, 2012).*<\/p>\n

Motion for return of property under Rule 41(g) was denied without prejudice where the claimant likely had no property interest in the place where it was seized. He needed to show more and still can. United States v. Return of Property of Fawcett, 2012 U.S. Dist. LEXIS 55620 (N.D. Ohio April 20, 2012)*:<\/p>\n

In this matter, Mr. Fawcett has not yet shown a sufficient property interest in the jewelry listed in his Declaration. The Defendant avers the jewelry, consisting largely of vintage watches, was taken from a residence in which, at the time of the exercise of the warrant, Mr. Fawcett no longer had any property interest and in which he no longer resided. Mr. Fawcett has yet to offer any evidence to demonstrate his lawful possession of the jewelry listed in his Declaration. Further, Mr. Fawcett has failed to specify with any certainty the items he seeks to have returned. Instead, the description offered in his Declaration is generic by type (watch), and brand (Rolex), and general year (vintage 1978).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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