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 cell phone by leaving it in a restaurant, talking to a waitress in a hostile and demeaning way, and then firing a gun at a security guard and running off. Futrell v. Commonwealth, 2021 Va. App. LEXIS 111 (July 6, 2021).*
Defendant’s stop and frisk was unreasonable. “The officers had no prior knowledge of the Defendant, no knowledge that he had been convicted of a felony, or had any criminal record. The officers saw an individual exiting a liquor store with his purchase, and an inch of an extended magazine. Reasonable suspicion requires more than a hunch.” United States v. Floyd, 2021 U.S. Dist. LEXIS 125074 (E.D. Mich. July 6, 2021).*