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CT: Trial court's failure to specify basis for decision on abandonment was chargeable to the defendant

By John Wesley Hall, Jr.

The trial court’s conclusion that the defendant abandoned the car by flight when he was stopped and thereby waived any reasonable expectation of privacy in the car was susceptible to two interpretations: privacy interest in the contents v. possessory interest in the contents. It was his responsibility to provide a clear appellate record for review. Defendant didn’t so he loses. State v. Payne, 121 Conn. App. 308, 2010 Conn. App. LEXIS 208 (May 25, 2010).* [Does it actually matter? Should it? Both the majority and the concurring opinion find the distinction important, but differ on application.] In footnote 3 of the majority opinion: FN3 In the present case, the court did not determine whether the defendant expected privacy in the invaded area...continue to full post

Full post as published by Fourth Amendment on May 27, 2010 (boomark / email).