{"id":42140,"date":"2020-02-03T00:02:57","date_gmt":"2020-02-03T05:02:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42140"},"modified":"2020-02-03T09:12:55","modified_gmt":"2020-02-03T14:12:55","slug":"e-d-pa-hiding-gun-in-wheel-well-of-vehicle-was-abandonment-nothing-after-that-has-any-legal-effect","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42140","title":{"rendered":"E.D.Pa.: Hiding gun in wheel well of vehicle of another was abandonment; nothing after that has any legal effect"},"content":{"rendered":"<p>Hiding a gun in the wheel well of someone else&#8217;s vehicle to keep it from the police is an abandonment. &#8220;Defendant had no reasonable expectation of privacy in the wheel well of someone else&#8217;s red Ford parked on a public Philadelphia street, where he abandoned the 9 mm Taurus handgun.&#8221; Whatever happened after that is pretty much moot as far as finding the gun is concerned. United States v. Manigault, 2020 U.S. Dist. LEXIS 16269 (E.D. Pa. Jan. 30, 2020).<\/p>\n<p>Defendant\u2019s claim his stop was without probable cause was waived by not filing a motion to suppress. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2020\/2020-Ohio-308.pdf\">Village of St. Paris v. Galluzzo<\/a>, 2020-Ohio-308,  2020 Ohio App. LEXIS 262 (2d Dist. Jan. 31, 2020).<\/p>\n<p>The USMJ just doesn\u2019t believe that defendant committed a lane violation or was following too closely to justify his stop based on the dashcam video. United States v. Diaz, 2019 U.S. Dist. LEXIS 225960 (D.S.C. Dec. 3, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Hiding a gun in the wheel well of someone else&#8217;s vehicle to keep it from the police is an abandonment. &#8220;Defendant had no reasonable expectation of privacy in the wheel well of someone else&#8217;s red Ford parked on a public &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=42140\">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":[48,104],"tags":[],"class_list":["post-42140","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-burden-of-pleading"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42140","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=42140"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42140\/revisions"}],"predecessor-version":[{"id":42150,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42140\/revisions\/42150"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42140"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42140"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42140"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}