{"id":59001,"date":"2024-10-02T11:21:00","date_gmt":"2024-10-02T16:21:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59001"},"modified":"2024-10-02T11:21:00","modified_gmt":"2024-10-02T16:21:00","slug":"mo-def-fled-state-and-abandoned-murder-weapon-at-his-grandmothers-house","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59001","title":{"rendered":"MO: Def fled state and abandoned murder weapon at his grandmother&#8217;s house"},"content":{"rendered":"\n<p>When defendant fled the state to avoid arrest, he left a bag with the murder weapon at his grandmother\u2019s house. That was abandonment. The ping of his cell phone to locate him to arrest him was with exigent circumstances. <a href=\"https:\/\/www.courts.mo.gov\/file.jsp?id=213115\">State v. McClain<\/a>, 2024 Mo. App. LEXIS 704 (Oct. 1, 2024).<\/p>\n\n\n\n<p>On the merits, plaintiff\u2019s building was destroyed by the city as a nuisance. He was given notice before it happened and didn\u2019t act. He\u2019s collapsing due process and reasonableness of seizure. (His Fourth Amendment claim was first rejected as abandoned because he didn\u2019t address it on summary judgment, and then rejected on the merits.) Brasfield v. City of Pine Bluff, 2024 U.S. Dist. LEXIS 177234 (E.D. Ark. Sep. 30, 2024).*<\/p>\n\n\n\n<p>In response to defendant\u2019s motion to suppress, the government says that it hasn\u2019t decided yet whether to use the evidence from defendant\u2019s computer. Therefore, the motion is denied without prejudice to be reasserted if necessary. United States v. Baker, 2024 U.S. Dist. LEXIS 177999 (W.D. Wash. Sep. 30, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When defendant fled the state to avoid arrest, he left a bag with the murder weapon at his grandmother\u2019s house. That was abandonment. The ping of his cell phone to locate him to arrest him was with exigent circumstances. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59001\">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":[48,5,69],"tags":[],"class_list":["post-59001","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-cell-phones","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59001","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=59001"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59001\/revisions"}],"predecessor-version":[{"id":59002,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59001\/revisions\/59002"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59001"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59001"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59001"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}