{"id":38504,"date":"2019-07-10T09:34:32","date_gmt":"2019-07-10T14:34:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38504"},"modified":"2019-07-10T13:43:07","modified_gmt":"2019-07-10T18:43:07","slug":"oh12-defs-denial-of-ownership-of-her-twice-was-abandonment","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=38504","title":{"rendered":"OH12: Def&#8217;s denial of ownership of her purse twice was abandonment"},"content":{"rendered":"<p>Defendant\u2019s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2019\/2019-Ohio-2792.pdf\">State v. Martin<\/a>, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).*<\/p>\n<p>The search warrant for child pornography here was based on a report from defendant\u2019s son who was repairing his computer. The private search wasn\u2019t exceeded. United States v. Blake, 2019 U.S. Dist. LEXIS 113297 (S.D. W.Va. July 9, 2019).*<\/p>\n<p>This is an excessive force case. It wasn\u2019t an abuse of discretion to admit evidence that defendant was the subject of a search warrant for being felon in possession. Care should be taken to prevent juries from unnecessarily finding out that a party has a felon, but here it was context. \u201cJurors \u2018who hear a story interrupted by gaps of abstraction may be puzzled at the missing chapters.\u2019 Old Chief v. United States, 519 U.S. 172, 189 (1997).\u201d <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/18\/18-1225.pdf\">Young v. Stephens<\/a>, 2019 U.S. App. LEXIS 20278 (10th Cir. July 9, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. State v. Martin, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).* The search warrant for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=38504\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48,43],"tags":[],"class_list":["post-38504","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38504","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=38504"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38504\/revisions"}],"predecessor-version":[{"id":38506,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38504\/revisions\/38506"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}