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Defendant shown to have abandoned contents of girlfriend's safe

By John Wesley Hall, Jr.

Defendant abandoned a safe in his girlfriend's apartment. He was kicked out and was moving his stuff and did not meet the deadline she gave him. He abandoned it by leaving and not safeguarding it. United States v. Davis, 2008 U.S. Dist. LEXIS 86756 (S.D. N.Y. October 10, 2008). Although Davis did not discard the safe, Scriven conveyed the same basic message to him that the INS agents conveyed to the defendant in Abel. She asked him to pack his belongings and remove them from her apartment by June 2006. Following that request, Davis's conduct sufficiently evinces an intent to abandon the safe. Defendant, a convicted felon, was not credible in his effort to show standing to contest a search. His connection to the property was pretty tenuous at best, and it was a stretch...continue to full post

Full post as published by Fourth Amendment on October 29, 2008 (boomark / email).