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CA5: Defendant's abandonment of iPhone in truck when he fled from them was waiver of REP

By John Wesley Hall, Jr.

Defendant’s abandoning his truck and iPhone in flight from the police was a waiver of his expectation of privacy in both. United States v. Self, 2011 U.S. App. LEXIS 764 (5th Cir. January 14, 2011) (unpublished).* In an argument over whether the third attachment to a search warrant was there when it was executed, the court finds that it was, although not to the copy in the return. Moreover, the search warrant adequately addresses the attachment. United States v. Glinberg, 2010 U.S. Dist. LEXIS 139697 (E.D. Wis. November 22, 2010).* Defendant succeeds in showing that he was not violating the statute on unsafe backing when he was stopped by the police, so the stop would be invalid on that ground. Instead, the officer knew his license was suspended, and that forms an independent basis for the stop...continue to full post

Full post as published by Fourth Amendment on January 16, 2011 (boomark / email).