Category Archives: Abandonment

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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E.D.Mich.: Laptop computer left in the former marital home for a decade is abandoned

A laptop computer left in the former marital home for a decade is abandoned property. United States v. Hartley, 2021 U.S. Dist. LEXIS 212137 (E.D.Mich. Nov. 3, 2021). Petitioner seeks to bring five claims in a successor habeas petition, and … Continue reading

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NY3: Tossing backpack from one’s window into the window of the abandoned house next door to avoid seizure is a waiver of REP

When the police came to his house, defendant threw a backpack with a sawed-off rifle from his second floor window into a window of the house next door. He claimed that house was his uncle’s, but it was unsecured and … Continue reading

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CA11: Bag dropped to feet when def arrested couldn’t be searched incident to arrest; no safety concern

Officers accosted defendant to arrest him, and he dropped a paper bag. It could not seriously be argued that the bag contained a weapon. Moreover, the government did not argue abandonment. The district court erred in not granting the motion … Continue reading

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M.D.Ga.: Def had standing at the address he gave his PO

Defendant listed the address searched with his PO. That gives him standing. Probation had reasonable suspicion for the search of that place. United States v. Shearry, 2021 U.S. Dist. LEXIS 204764 (M.D.Ga. Oct. 25, 2021). Defendant was a frequent visitor … Continue reading

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NY Bronx: No SW needed to test abandoned DNA

The state did not need a search warrant to test DNA retrieved from an abandoned cigarette butt. Carpenter doesn’t remotely apply. People v. Mendez, 2021 NY Slip Op 21275, 2021 N.Y. Misc. LEXIS 5148 (Bronx Co. Oct. 13, 2021). Defendant … Continue reading

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D.D.C.: Def abandoned a gun in flight up stairs in a house

Defendant fled up stairs when the police entered on a search warrant. He was captured finally on the third floor landing and was brought downstairs. A gun was found where he was lying on the floor. It was abandoned. United … Continue reading

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M.D.Tenn.: Harassment of a parolee as reason for exclusion has to come from something other than the alleged const’l violation

Defendant was on supervised release, and he was stopped for a traffic offense. The officer was admittedly courteous, but defendant still claims harassment as a reason to invoke the exclusionary rule. “[T[he Court concludes that if the exclusionary ‘may’ apply … Continue reading

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N.D.Cal.: Subpoena for phone records not shown to be from independent source

Defendant’s motion in limine against AT&T records is granted. The government failed to show an independent source that it knew of information sought before an illegal search. “The government did not shown that the decision to subpoena the records was … Continue reading

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CA5: Even a mistaken critical fact to nexus can still be reasonable for GFE

An asserted fact in the search warrant affidavit that was critical to the target of the search and thus the place to be searched proved to be wrong, which the officer revealed when he learned. Still, the search warrant was … Continue reading

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IN: With three people in the vehicle faint smell of MJ wasn’t as to this def

Some smell of marijuana in car with three people didn’t establish probable cause without the officer being able to say it came from defendant’s person. I.G. v. State, 21A-JV-479 (Ind. App. Sept. 10, 2021). Defendant ran from a fight in … Continue reading

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S.D.Ohio: Affidavit for SW showed home was base of DTO

The collection of information for probable cause for the warrant included a reasonable inference that defendant’s home was a base of operations for a drug trafficking operation, and this was nexus. United States v. Jackson, 2021 U.S. Dist. LEXIS 144185 … Continue reading

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CA7: SW affidavit would have been useful at sentencing on drug quantity but defense didn’t offer it

The search warrant affidavit here could have been relevant to the drug quantity calculation, and defendant should have put it into evidence at sentencing. United States v. Rollerson, 2021 U.S. App. LEXIS 22622 (7th Cir. July 30, 2021). Defendant was … Continue reading

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S.D.Ind.: Blood in car transporting shooting victim to ER justified SW for it

Defendant was driven to an ER after 2 am for having been shot. Out in the ER parking was the car with blood and guns in it. A state judge issued a search warrant for the car, and that resulted … Continue reading

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D.C.: Illegal patdown without RS caused def’s flight; discard of gun in flight excluded

The patdown of defendant was manifestly unreasonable, and defendant’s flight was thereafter. The exclusionary rule should be applied to this. Johnson v. United States, 2021 D.C. App. LEXIS 187 (July 15, 2021):

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N.D.Ind.: Search incident of unconscious man unreasonable without arrest or justification

A search incident of the unconscious defendant was unreasonable because it lacked any justification. He wasn’t arrested to be searched incident to it. United States v. Johnson, 2021 U.S. Dist. LEXIS 125188 (N.D. Ind. July 6, 2021). Defendant abandoned his … Continue reading

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D.Nev.: Abandonment after unreasonable seizure not voluntary

There was no reasonable suspicion for defendant’s detention before he fled the officer. The alleged abandonment occurred after the unreasonable seizure, so it was involuntary. United States v. Dudley, 2021 U.S. Dist. LEXIS 117108 (D. Nev. June 23, 2021). Florida’s … Continue reading

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IA: State constitution prohibits warrantless trash search; “Current Fourth Amendment jurisprudence is a mess.”

Finding Iowa law long recognized trespass was an unreasonable entry, the state Supreme Court holds under the state constitution that trash out for collection by the trash collector is not abandoned property, and defendant still retained a reasonable expectation of … Continue reading

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D.Mass.: 14 day delay between seizure and search of cell phone reasonable

This 14 day delay between the seizure of his cell phones and the application of the warrant to seize them is reasonable. In addition, there is no Fourth Amendment right to have a search warrant issued sooner than it was, … Continue reading

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E.D.N.C.: Window tint violations always require a stop

Window tint violations require a stop to verify. “But the Supreme Court has said that ‘[t]o be reasonable is not to be perfect, and so the Fourth Amendment allows for some mistakes on the part of government officials, giving them … Continue reading

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