D.Mass.: Def accidentally lost his fanny pack in flight; court finds abandonment even though he didn’t intend it

The court finds defendant abandoned his fanny pack which he said was strapped over his chest and fell off during flight from the police. He testified he didn’t intentionally drop the fanny pack, and it must have slipped off while running. United States v. Leary, 2020 U.S. Dist. LEXIS 202609 (D. Mass. Oct. 30, 2020).

An alleged violation of Indiana statute requiring a uniformed officer for an arrest on the street has no relevance at all in a federal prosecution. United States v. Price, 2020 U.S. Dist. LEXIS 202739 (N.D. Ind. Oct. 30, 2020).*

There was probable cause to credit the informant hearsay. A track record of reliability is important, but lack of one alone doesn’t make the CI unreliable. “The affidavit to the search warrant satisfied the two-part Aguilar test and there was probable cause for the issuance of the search warrant. The circuit court therefore erred in granting the motion to suppress.” State v. Clowe, 2020 Haw. App. LEXIS 373 (Oct. 30, 2020) (unpublished).*

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