Category Archives: Abandonment

CA7: Despite govt’s not raising abandonment, the court finds it anyway

The government conceded no abandonment and sought other exceptions to the warrant requirement. The court of appeals finds abandonment anyway because the record is clear. In addition, an allegation of a Franks violation fails without alleging that probable cause does … Continue reading

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S.D.Ohio: Attempted search incident well after arrest when duffle bag was away from def was not “incident to arrest”; govt overspinned the facts

The officer lacked exigency for a warrantless entry to arrest. Defendant put his duffle bag outside a second story window on the roof to conceal it. It was not abandoned because the public didn’t have access to it. All he … Continue reading

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TX4: No REP in totaled car at the wrecker yard

Defendant totaled his car in an accident. The black box evidence was sought by warrant, but the court holds that defendant effectively abandoned the car to the wrecking yard. Vitela v. State, 2022 Tex. App. LEXIS 2759 (Tex. App. – … Continue reading

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W.D.Tex.: Def had REP in bag in car but no standing in rest of search of car

While defendant had no reasonable expectation of privacy in the car he was in, he retained a reasonable expectation of privacy in his bag in the car. United States v. Grice, 2022 U.S. Dist. LEXIS 72586 (W.D.Tex. Apr. 20, 2022). … Continue reading

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E.D.Tenn.: USDJ doesn’t second guess USMJ’s credibility determinations in the R&R

USDJ doesn’t second guess USMJ’s credibility determinations in the R&R on a motion to suppress. United States v. Bowman, 2022 U.S. Dist. LEXIS 69156 (E.D.Tenn. Apr. 14, 2022).* A bag left outdoors at an apartment complex for more than a … Continue reading

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D.Mass.: A foreign law enforcement agency can be a CI, and these are the standards

“Given these facts, the Magistrate Judge reasonably relied on the foreign agency’s tip in concluding that probable cause existed to issue the search warrant because (1) ‘a tip from one federal law enforcement agency to another implies a degree of … Continue reading

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E.D.Wash.: Tribal membership confers no standing; Art. III standing isn’t 4A standing

Tribal membership confers no standing. “Article III standing is not Fourth Amendment standing, and Defendants’ argument that the Confederated Tribes [and Bands of Yakima Nation v. Yakima County, 963 F.3d 982 (9th Cir. 2020)] decision, by negative implication, means that … Continue reading

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D.Neb.: Dog sniff during investigation of a traffic accident didn’t extend the stop

“The evidence before the Court indicates the canine sniff in this case did not prolong the ‘mission’ of Officer Sautter’s traffic accident investigation. The total length of time from when Defendant’s vehicle was struck to when Officer Sautter’s canine alerted … Continue reading

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D.Neb.: Omitting that there was no prior indication of drug dealing from anticipatory SW application not material

Omitting from the affidavit for an anticipatory warrant that there was no prior indication of drug dealing at the location isn’t material for Franks purposes. United States v. Espinoza, 2022 U.S. Dist. LEXIS 39195 (D.Neb. Jan. 28, 2022). [There’s always … Continue reading

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ID: If a motion to suppress is untimely, at least show good cause for the delay

The trial court did not err in denying a motion to suppress as untimely without inquiring into possible good cause or excusable neglect for the delay where the defense offered nothing on that. Defendant stripping down and leaving his clothes … Continue reading

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D.Conn.: Dropping a bag when stopped, walking away from it, and then denying having it was abandonment

Defendant had a red Nike bag on him when the car was stopped, and he got out of the car and dropped it on the ground and walked away from it. When questioned about the bag, he denied he’d dropped … Continue reading

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DC: Throwing backpack over a wall running from police is abandonment

The police gave chase to defendant, and he ran down an alley and threw his backpack over a wall into somebody else’s backyard. “In the present case, we assume without deciding that Mr. Kyle retained a subjective expectation of privacy … Continue reading

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NY2: Def stated IAC claim that defense counsel never looked at SW materials

Defendant stated a claim for ineffective assistance of counsel that defense counsel never obtained the search warrant materials to even investigate. Reversed to have the state produce it. People v. Tindley, 2022 NY Slip Op 00886, 2022 N.Y. App. Div. … Continue reading

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N.D.Ill.: Nothing about 911 man-with-a-gun call could be corroborated; backpack def set down when told to come outside was not abandoned

A 911 call about a man with a gun couldn’t be corroborated by anything at the scene. Officers got defendant outside and frisked him finding nothing. They searched his backpack, and that produced drugs. The government’s argument the backpack was … Continue reading

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TX4: Def abandoned his totaled car when it went to auto auction; black box search didn’t need a warrant

Defendant’s car was totaled in a wreck. He never came to get it or the stuff from it. His insurance company sent it to an auto auction for disposal. The police went there and retrieved the black box information without … Continue reading

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TX2: Unlawful stop-and-frisk leads to suppression of patdown and search and abandonment during flight

Defendant’s stop was without reasonable suspicion. His alleged consent was not voluntary and his flight and abandonment were not attenuated but were caused by the illegal stop and frisk. Massey v. State, 2021 Tex. App. LEXIS 9820 (Tex. App. – … Continue reading

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IL: Def’s stop and obtaining DL was permitted by Terry so alleged illegal arrest is moot point

Officers had sufficient information for a Terry stop. They arrested defendant and got his DL and identifiers. Even if the arrest was illegal, the Terry stop would not have been and the same information would have been available. Therefore, there … Continue reading

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D.Ariz.: Court could order DNA test after charging

The government moved for an order requiring defendant to submit to a buccal swab for DNA to include or exclude him from certain evidence in a homicide case. “Accordingly, the Court finds that, although a buccal swab of the cheek … Continue reading

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OH11: No standing in father’s cell phones even when communicating with defense experts

Defendant is charged with killing his wife. He didn’t have standing to challenge a search warrant for his father’s cell phones where attorney-client privilege in their contents was asserted because the father was communicating with expert witnesses in his case. … Continue reading

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D.Conn.: Flight from the police with abandonment of stuff obviates the need to decide RS for the stop

Defendant’s flight from the police and abandonment of items in flight was not while he was “seized.” Thus, the need to decide reasonable suspicion for a stop is obviated. United States v. Sockwell, 2021 U.S. Dist. LEXIS 215294 (D.Conn. Nov. … Continue reading

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