Defendant totaled his car in an accident. The black box evidence was sought by warrant, but the court holds that defendant effectively abandoned the car to the wrecking yard. Vitela v. State, 2022 Tex. App. LEXIS 2759 (Tex. App. – San Antonio Apr. 27, 2022). [One has to exert control over the wreck? More simply, the insurance company will pay off the car and assume ownership to sell it for scrap. Then it is the owner. At the minimum, the insurance policy would say that the insurer would take possession and ownership. What if there’s no insurance and the defendant still owns it? That’s not abandonment. He sure couldn’t keep it on his driveway at home.]
Dog sniff at an apartment door from a common hallway was not on the curtilage. United States v. Peck, 2022 U.S. Dist. LEXIS 75951 (D.Neb. Apr. 26, 2022).
Defendant didn’t abandon a car he left in the gated front yard of where he lived after fleeing from the police and then the car. United States v. Johnson, 2022 U.S. Dist. LEXIS 76105 (D.Utah Apr. 26, 2022).
In Illinois, the burden is always on the defendant to show a Fourth Amendment violation, but the burden on application of the exclusionary rule is on the state. Here, the question is inventory and inevitable discovery. The inventory policy was not proved. Remanded to resolve inevitable discovery. People v. Williams, 2022 IL App (1st) 190496, 2022 Ill. App. LEXIS 197 (Apr. 26, 2022).*