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OH3: Defendant abandoned his cell phone with his jacket he slipped out of to avoid arrest

By John Wesley Hall, Jr.

Defendant abandoned his jacket, where his cell phone was found, when he slipped out of the jacket to get away from a Wal-Mart loss prevention employee who was trying to stop him. Thus, the cell phone was abandoned, too. State v. Dailey, 2010 Ohio 4816, 2010 Ohio App. LEXIS 4068 (3d Dist. October 4, 2010): [*P16] In this particular case, we believe that it was clear that Dailey voluntarily abandoned his cell phone when he slipped out of his coat and left it and its contents behind in order to escape being detained by a Wal-Mart store employee. When Stafford reached Dailey at the Wal-Mart sliding doors, Dailey turned around and tried to elbow him in the face. A physical altercation ensued between the two, which eventually spilled into the store's parking lot...continue to full post

Full post as published by Fourth Amendment on October 11, 2010 (boomark / email).