CA9: Saying you just found the backpack you’re carrying in a dumpster shows no REP

“First, the court did not clearly err in finding that Gage had abandoned any reasonable expectation of privacy in the backpack by telling Officer Robinson that the group had just retrieved the backpack from a garbage dump and that he had never opened the backpack and had no idea what it contained.” Second, the automobile exception makes its search valid. United States v. Gage, 2021 U.S. App. LEXIS 11185 (9th Cir. Apr. 19, 2021).

Lack of a close case to this one makes the use of force subject to qualified immunity. Cunningham v. Shelby Cty., 2021 U.S. App. LEXIS 11244 (6th Cir. Apr. 19, 2021).*

Anonymous 911 tip about a man slumped in a common type of car didn’t provide reasonable suspicion for defendant’s stop later. People v. Scottborgh, 2021 NY Slip Op 50316(U), 2021 N.Y. Misc. LEXIS 1752 (2d Dept. Apr. 15, 2021).*

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