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D.Ariz.: Abandonment as a result of illegal police action leads to suppression

By John Wesley Hall, Jr.

The government’s claim of defendant’s abandonment came as a result of defendant’s disavowal of ownership of a duffle bag full of cash after it was illegally seized. That is not abandonment, and the motion to suppress is granted. The exclusionary rule needs to apply to deter such actions. United States v. Templeton, 2010 U.S. Dist. LEXIS 87616 (D. Ariz. August 2, 2010): An "abandonment must be voluntary, and an abandonment that results from [a] Fourth Amendment violation cannot be voluntary." United States v. Stephens, 206 F.3d 914, 917 (9th Cir. 2000). Here, the officers conducted an illegal search of the vehicle and duffle bag and then asked whether the evidence found during that search belonged to Templeton. Templeton stated it did not, but that abandonment was involuntary as a matter of law...continue to full post

Full post as published by Fourth Amendment on August 30, 2010 (boomark / email).