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CA7: Disclaimer of ownership of a backpack in hand was not a complete abandonment, but he could still show a REP, but did not

By John Wesley Hall, Jr.

Officers had search warrants and were on a drug sweep. That knocked on one door, and defendant ran out the back carrying a backpack. The officers were justified in stopping him and searching the backpack for a weapon. He got on the ground when directed, and the officers were not obliged not to look in the backpack just because he stopped. When stopped, he disclaimed ownership in the bag. That was not a pure abandonment, but he did not show a subjective expectation of privacy in the backpack. United States v. Carlisle, 2010 U.S. App. LEXIS 17026 (7th Cir. August 11, 2010): While we ultimately agree with the government's position, this case is closer to the line than it appears at first glance. Although Carlisle disclaimed ownership of the bag, there is no dispute that Carlisle was legitimately in possession of the property...continue to full post

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