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S.D.N.Y.: Gov't failed on burden of proof for abandonment because of officer's remembering it only on the eve of the hearing

By John Wesley Hall, Jr.

Defendant was a passenger in a livery cab stopped in the Bronx for failing to signal, and the officer approached the cab and defendant allegedly denied ownership of the plastic bag in the back of the cab. The court does not credit the officer’s testimony because it was recollected only on the eve of the hearing on the motion to suppress over a year after the arrest. Also, defendant had a reasonable expectation of privacy in the back of the cab while he was sitting in it, as shown by his trying to hide the bag of drugs. United States v. Bulluck, 2010 U.S. Dist. LEXIS 47577 (S.D. N.Y. May 13, 2010): As to the subjective prong of this analysis -- whether Bulluck by his conduct exhibited a subjective expectation of privacy -- this Court finds that he did manifest such a subjective expectation...continue to full post

Full post as published by Fourth Amendment on May 18, 2010 (boomark / email).