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Criminal Law

: Fourth Amendment

FL: Defendant in capital case admittedly abandoned campsite searched by police

By John Wesley Hall, Jr.

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Defendant by his own admission abandoned property at his campsite in Tennessee in flight from a murder, and the hosts called the police because the valuable things appeared to them to have been stolen. [No conflict of laws issue, and result would be the same in a Tennessee court; decided on Fourth Amendment.] Twilegar v. State, 2010 Fla. LEXIS 4 (January 7, 2010).* In response to a shooting call, defendant and his victim were found lying in a pool of blood. The entry and view were reasonable. State v. Plauche, 2010 La. App. LEXIS 2 (3d Cir. January 6, 2010).* Officers saw an occupant of a car urinate in public and get back in the car and through a can out of it. They approached and saw marijuana in plain view. On questioning, defendant admitted he had a gun...continue to full post

Full post as published by Fourth Amendment on January 11, 2010 (boomark / email).

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