Cocaine tossed by defendant when called over by the police was abandoned prior to a seizure

Even if defendant’s arrest was without probable cause, he was called over to the police to talk to them, and he discarded his cocaine before he came over. He was not seized per Hodari D. when called over by the officer. Therefore, it was abandoned. People v. McClain, 149 P.3d 787 (Colo. January 8, 2007) (more troubling to the court was the question of whether a seizure occurred because Colorado would more likely hold it did, but here it did not).

ATF had probable cause to search defendant’s storage unit in Arizona based on information that he transferred firearms there in 1992 while a felon. [The opinion says nothing about staleness or whether it was even raised.] United States v. Segal, 216 Fed. Appx. 650 (9th Cir. 2007).*

Child dependency court child seizure order gave absolute immunity to all acting reasonably under the order. Haugen v. Fields, 2007 U.S. Dist. LEXIS 493 (E.D. Wash. January 5, 2007).*

This entry was posted in Uncategorized. Bookmark the permalink.

Comments are closed.