Whether a person can abandon their privacy right to an item by merely leaving it behind without evidence of intentional abandonment

QUESTIONS PRESENTED In the present case, a man’s cell phone was searched without a warrant and the trial court ruled that the phone was abandoned and that the Defendant had lost standing to assert his Fourth Amendment rights to the phone. The questions presented are: 1. Without evidence of intentional abandonment, can a person abandon their privacy right to an item just by leaving it behind? 2. Does the doctrine of abandonment from Texas law conflict with the dicta of Ailey and present a conflict for this Court’s review? 3. Does the doctrine of abandonment conflict with other jurisdictions’ consideration of the same issue? 4. Can a cell phone really be abandoned if its privacy interest is equal to that of a house?