GA: Defendant abandoned property leaving it in another’s outbuilding for three months

Defendant abandoned his property by leaving it in another person’s outbuilding and moving to another state. The building was searched just before it was to be demolished. Driggers v. State, 295 Ga. App. 711, 673 S.E.2d 95, 67 A.L.R.6th 719 (2009):

Viewed in this manner, the record reflects that at the time of the search, Driggers had been absent from the outbuilding for approximately three months, was living in Florida, and had made no efforts to retrieve his personal belongings from the outbuilding despite having been advised to do so by the Laceys in their March 2002 letter. Moreover, in their January 2002 letter, the Laceys had specifically notified Driggers that he was not to return to the outbuilding. The evidence further reflected that at the time of the search, the outbuilding no longer had running water or functioning heat and was about to be demolished. Nor was Driggers paying any rent or utilities on the outbuilding, and he had not entered into a lease agreement with the Laceys. Finally, the Laceys themselves told the investigator that the outbuilding was now vacant and that Driggers had abandoned the items left behind in the building. [¶] These combined facts supported a finding of abandonment.

Trial court’s finding that defendant consented to production of marijuana from his person when he got out of his car was supported by the evidence. State v. Dipietro, 2009 ME 12, 964 A.2d 636 (2009).*

Iowa upholds DNA extraction from convicts. State v. Duffy, 2009 Iowa App. LEXIS 80 (February 4, 2009).*