Category Archives: Abandonment

NM: New crime after alleged illegal seizure not suppressed

Defendant’s new crimes after his alleged illegal seizure are not suppressed. State v. Morgan, 2024 N.M. App. LEXIS 23 (May 13, 2024). Tossing a backpack in flight from the police is abandonment. United States v. Anderson, 2024 U.S. Dist. LEXIS … Continue reading

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MN: No difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it

There’s no difference between the privacy interest in DNA abandoned at the scene of a crime and the specific genetic information within it. State v. Carbo, 2024 Minn. LEXIS 236 (May 8, 2024). [A creative argument, but one always doomed … Continue reading

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WI: Obtaining def’s DNA by ruse wasn’t an illegal search

The state got defendant to lick an envelope and hand it over as part of a ruse. His DNA matched to a cold case. That was not an unreasonable search. State v. Vannieuwenhoven, 2024 Wisc. App. LEXIS 349 (Apr. 30, … Continue reading

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W.D.Mo.: Wrong address in SW wasn’t fatal where right house was searched

The affidavit had the correct address but the warrant didn’t. The right house was searched, and the warrant was valid. United States v. Gallagher, 2024 U.S. Dist. LEXIS 73780 (W.D. Mo. Mar. 28, 2024). Defendant abandoned a gun, hoodie, and … Continue reading

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FL6: Def abandoned bag by leaving it where he had no right to re-enter to retrieve it

“Hargrove left his bag on a residential property that he had no legal right to enter and in a vehicle that he had no legal right to enter. Therefore, Hargrove left the bag in a place where he could not … Continue reading

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DC: A backpack left in a house and to be retrieved wasn’t abandoned

Defendant did not abandon his backpack that he left in the house he had a connection to. He intended to come back and get it. His reasonable expectation of privacy was objectively reasonable. United States v. Pope, 2024 D.C. App. … Continue reading

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TX2: No SW needed to get IMEI number of an abandoned cell phone to trace the owner

“Officers may open a cell phone abandoned at a crime scene to view non-electronic identifying information, such as the phone’s international mobile equipment identification (IMEI) number, and then use that identifying information to obtain a search warrant for the phone’s … Continue reading

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CA8: 5-day delay between seizure of a cell phone and the SW to get into it was reasonable

A five-day delay between seizure of a cell phone and the search warrant to get into it was reasonable. United States v. Thomas, 2024 U.S. App. LEXIS 8165 (8th Cir. Apr. 5, 2024). “Considering the factors outlined in Golinveaux, Schnitker’s … Continue reading

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S.D.N.Y.: Ptf prisoner pled enough to survive motion to dismiss because of an unnecessary and potentially abusive strip search

Prison search case: “Plaintiff alleges that his clothes were ripped off during the assault, he was left naked on the floor with his boxers barely on, and the C.E.R.T. Defendants searched him ‘without any [l]egitimate penological purpose for the strip … Continue reading

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CA7: False arrest claims before trial are 4A claims; due process after trial

“Claims for false arrest prior to trial are appropriately considered under the Fourth Amendment, not the Fourteenth Amendment. Manuel v. City of Joliet, Illinois, 580 U.S. 357, 367 (2017) (‘If the complaint is that a form of legal process resulted … Continue reading

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N.D.N.Y.: Strip search of transgender woman going into jail who might bond out was reasonable

Strip search of a transgender woman going into custody was reasonable, even though she’d likely bail out soon. “Applying Florence to this case, the Court finds that JCCF’s policy is consistent with the Fourth Amendment. Although JCCF’s institutional safety concerns … Continue reading

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D.C.Cir.: The sealing of SW for def’s Facebook account has no bearing on reversibility of the conviction; release pending appeal denied

Release pending appeal denied. “Fourth, Ballenger has not shown that her arguments regarding the sealing of documents obtained under the search warrant for her Facebook account present a substantial question as to, or had any material impact on, the validity … Continue reading

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D.P.R.: Alleged false GJ testimony as an alleged 4A violation rejected as new Bivens ground

“Plaintiff grounds his Bivens cause of action in an allegation that Garay, a CBP officer, violated his Fourth Amendment rights by procuring his indictment based on supposedly intentional false testimony in which Garay stated that Plaintiff knowingly possessed and transported … Continue reading

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N.D.Ga.: Assuming without deciding standing to challenge a college email account, there was PC for the email warrant

Defendant sent threatening emails through his Georgia Tech account. He also sent private emails with tax and property information. He raised a Franks challenge, too. Assuming without deciding he has standing to challenge the email search, there was probable cause … Continue reading

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CA10: AOL scanned emails for CP, found some, and forwarded to NCMEC; what NCMEC did did not matter and that’s inevitable discovery

“We conclude that the inevitable discovery exception to exclusion applies, and therefore we need not address whether NCMEC violated the Fourth Amendment by opening Tolbert’s emails and attachments or whether the good faith exception to exclusion would apply. The evidence … Continue reading

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D.Minn.: Terry stop with guns drawn was reasonable here

An otherwise lawful Terry stop wasn’t made unreasonable because officers, fearing a weapon, approached with guns drawn. United States v. Thomas, 2023 U.S. Dist. LEXIS 234913 (D. Minn. Dec. 13, 2023), adopted 2024 U.S. Dist. LEXIS 21178 (D. Minn. Feb. … Continue reading

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NC: SW for documents permitted officers to leaf though def’s rehab journal

Officers had a warrant that included documents. An officer leafed through defendants drug abuse/recovery journal looking for things within the warrant without really reading it. He came upon evidence of another crime. A second warrant was obtained for the journal. … Continue reading

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E.D.Mich.: Typo in affidavit for SW doesn’t support Franks challenge

Defendant’s Franks challenge fails. “At the hearing, Hill presented nothing to establish that this inconsistency was anything other than a negligent typographical error. While he maintained that the affidavits were riddled with falsehoods, he was unable—despite repeated questioning—to pinpoint any … Continue reading

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OH10: Handing backpack to friend to hold was not abandonment

“However, abandonment for Fourth Amendment purposes differs from abandonment in terms of property law. ‘In the context of search and seizure law, abandonment refers to a manifestation or appearance that the person has no interest in the property, rather than … Continue reading

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MO: Male passenger couldn’t consent to search of female passenger’s purse

Defendant was a passenger in a car, and the police ordered the occupants out. She left her purse inside, and another male passenger consented to search of the interior. His consent did not include her purse. The state’s argument she … Continue reading

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