{"id":56665,"date":"2023-12-26T00:00:00","date_gmt":"2023-12-26T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56665"},"modified":"2023-12-25T13:59:26","modified_gmt":"2023-12-25T18:59:26","slug":"oh10-handing-backpack-to-friend-to-hold-was-not-abandonment","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56665","title":{"rendered":"OH10: Handing backpack to friend to hold was not abandonment"},"content":{"rendered":"\n<p>\u201cHowever, abandonment for Fourth Amendment purposes differs from abandonment in terms of property law. \u2018In the context of search and seizure law, abandonment refers to a manifestation or appearance that the person has no interest in the property, rather than a full divestment of legal interest in the property.\u2019\u201d Defendant did not abandon his backpack when he handed it over to one Owens to hold for him. \u201cBefore Officer Nance searched the backpack, he asked Owens whether he knew appellant. Owens responded [per bodycam video] stating \u2018[h]e&#8217;s my friend \u2026 he just asked me to hold the bag.\u2019\u201d He still had standing. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/10\/2023\/2023-Ohio-4673.pdf\">State v. Camper<\/a>, 2023-Ohio-4673, 2023 Ohio App. LEXIS 4485 (10th Dist. Dec. 21, 2023).<\/p>\n\n\n\n<p>\u201cDefendant received a favorable plea and has not demonstrated \u2018the absence of strategic or other legitimate explanations\u2019 for counsel&#8217;s alleged shortcomings \u2026. Indeed, the record shows that defendant made a strategic decision to accept the plea offer before County Court issued a ruling on various requests for relief, including suppression of items seized pursuant to a search warrant \u2026.\u201d People v. Shaw, 2023 NY Slip Op 06644, 2023 N.Y. App. Div. LEXIS 6667 (4th Dept. Dec. 22, 2023).*<\/p>\n\n\n\n<p>Defendant claimed ineffective assistance of counsel in his pro se submission for defense counsel\u2019s failure to object at trial to multiple stops of him before the offense in question, one of which was pretextual just to learn his name, because it \u201cusurped the presumption of innocence\u201d by making him look like a drug dealer. This was harmless error on this record. State v. Rainey, 2023-Ohio-4666 (1st Dist. Dec. 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHowever, abandonment for Fourth Amendment purposes differs from abandonment in terms of property law. \u2018In the context of search and seizure law, abandonment refers to a manifestation or appearance that the person has no interest in the property, rather than &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56665\">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":[48,129],"tags":[],"class_list":["post-56665","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56665","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=56665"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56665\/revisions"}],"predecessor-version":[{"id":56666,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56665\/revisions\/56666"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56665"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56665"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56665"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}