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Oral disclaimer of ownership during search or premises was not abandonment

By John Wesley Hall, Jr.

During a search of a home, defendant disclaimed ownership of a suitcase found inside, and it was not an abandonment as a matter of law. Here, the trial court erred in finding abandonment because the expectation of privacy was so high. Commonwealth v. Augello, 2008 Mass. App. LEXIS 62 (January 25, 2008): In essence, the Commonwealth takes the position in this case that an oral disclaimer of ownership is dispositive on the issue of abandonment as matter of law. We disagree, and the case law states otherwise.fn6 See Commonwealth v. Paszko, supra; Commonwealth v. Straw, supra. Here, as already noted, the place where the suitcase was found was the defendants' apartment, and the items were in a closed container and not in plain view. Thus, the location was subject to the highest constitutional protection and the expectation of privacy without question legitimate...continue to full post

Full post as published by Fourth Amendment on January 28, 2008 (boomark / email).