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CA6: Abandoning jacket in bar in flight was waiver of REP

By John Wesley Hall, Jr.

Defendant abandoned his jacket in flight from the police into a bar. The jacket was found away from him. In the jacket was a gun, and the jacket was treated as a abandoned. United States v. Jones, 2011 U.S. App. LEXIS 869, 2011 FED App. 0040N (6th Cir. January 18, 2011).* The application for a search warrant based on a dog alert does not have to detail the dog’s training to show probable cause. Nevertheless, the officers smell marijuana before that anyway. United States v. McDowell, 2011 U.S. Dist. LEXIS 3866 (D. Kan. January 14, 2011).* Defendant argued that he consented only to a search of his vehicle and not his person. The officer testified that he usually asked for consent to both but did not specifically remember. Here, the question is moot because the officer also had reason to frisk defendant and found the gun...continue to full post

Full post as published by Fourth Amendment on January 20, 2011 (boomark / email).