Category Archives: Abandonment

CA3: Delaware “hit and hold” practice for entries not decided because of consent

The court declines to decide the officers’ “hit and hold” entries where they entered without a warrant but under alleged exigency, secured the premises, and then sought a search warrant. Because there was independent justification for the warrantless search after … Continue reading

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MN: “Deer-in-the-headlights” look is a factor in RS

“But statements about a deer-in-the-headlights facial expression are commonplace in caselaw assessing whether a police officer has articulable, reasonable suspicion to justify a stop under the Fourth Amendment. There are over a dozen federal appellate decisions, including an opinion from … Continue reading

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AL: When def was being taken to ER for chest pains, looking in pocket of jacket he wanted to take and a pill bottle inside was reasonable

Complaining of chest pains, defendant called 911. Attached to his address was a “safety alert” that police should show up for the safety of EMTs and firemen. As he was being transported to the hospital, he asked for his coat … Continue reading

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W.D.N.C.: Def did not abandon backpack by hiding it nearby in bushes; he retained control

Defendant was at a McDonald’s with friends outside a car. When he saw the police, he put his backpack in the bushes to hide it while remaining nearby. He also went back to it to push it deeper into the … Continue reading

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E.D.Ky.: Guns found during drug seizable as instrumentality of crime

In a drug search warrant, firearms found during the search are seizable as an instrumentality of a drug crime. United States v. Wilkins, 2022 U.S. Dist. LEXIS 200342 (E.D. Ky. Oct. 19, 2022). Defendant’s running from his car during a … Continue reading

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D.Neb.: Affidavits for SWs are judged by what they contain, not what they lack

Affidavits for search warrants are judged by what they contain, not what they lack. United States v. Cass, 2022 U.S. Dist. LEXIS 195502 (D. Neb. Sep. 30, 2022), adopted, 2022 U.S. Dist. LEXIS 197043 (D.Neb. Oct. 26, 2022). It was … Continue reading

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IA: Breaking cell phone in half and throwing it out window of moving car shows abandonment

Removing a cell phone’s battery, breaking the phone in half, and throwing it out the window of a moving car is indicative of abandonment. State v. Hurdel, 2022 Iowa App. LEXIS 784 (Oct. 19, 2022). “While this [KC ordinance] provision … Continue reading

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FL1: Illegal patdown led to flight and lawful abandonment

Defendant was lawfully stopped, but his patdown was unreasonable. Then he fled on foot. That was abandonment, despite the illegal search. Atwood v. State, 2022 Fla. App. LEXIS 6855 (Fla. 1st DCA Oct. 12, 2022):

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CA4: Bank robbery def abandoned the getaway car and his cell phone in it

“[T]he district court did not clearly err by finding that Pridgen abandoned the getaway vehicle and his cell phone, and, thus, the court did not err by finding that he lacked a reasonable expectation of privacy in those items when … Continue reading

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CA1: Road rage incident day before justified search incident of car for weapon involved

Defendant was driving a white Corvette and he allegedly was involved in a road rage incident with occupants of a landscaping truck where he flashed a gun. An APB was put out for him, and he was stopped the next … Continue reading

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DC: Tracking def off his WMATA fair card was like Knotts and reasonable

Police use of information off of defendant’s WMATA fare card first to find him to arrest him for a robbery on a train and then to place him on a train at the time of the robbery was reasonable. This … Continue reading

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MN: When prosecution shows private search doctrine applies, defense has burden to show government action

When a defendant moves to suppress the evidence obtained from a warrantless search and the State proves that the private search doctrine applies, the burden to show that the private party was acting on behalf of the government falls on … Continue reading

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W.D.Ky.: Presence of a passenger doesn’t alter analysis of abandonment of a vehicle

Defendant’s flight from an automobile is a waiver of his reasonable expectation of privacy. The fact a passenger was left behind doesn’t make it not abandonment as to him. United States v. Howard, 2022 U.S. Dist. LEXIS 140670 (W.D. Ky. … Continue reading

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IA: Smell of MJ smoke 6 days earlier wasn’t stale here

“[W]e conclude that although this was an isolated event and the evidence sought was easily removable, the passage of six days was not significant enough to render the warrant stale.” State v. Euchner, 2022 Iowa App. LEXIS 590 (Aug. 3, … Continue reading

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CA8: Inventory was reasonable despite officer expecting to find drugs

There was reasonable suspicion for defendants’ stop. The subsequent inventory was facially valid because it followed departmental policy. “That Detective Parks happened upon contraband in the course of this search does not transform an otherwise valid inventory search into a … Continue reading

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D.Neb.: Being with known gang members was RS here

Association with known gang members was reasonable suspicion when defendant was with them. “True, the task force did not have information that Defendant himself was affiliated with a gang or otherwise had a criminal history involving violence. But, given his … Continue reading

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M.D.Ga.: Dropping cell phone in flight from wrecked car is abandonment

A series of alleged crimes and other actions of the defendant was probable cause to search defendant’s phone found in his car. [There is no nexus to the crimes mentioned in the opinion, so I submit it’s wrong on this … Continue reading

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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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