abandonment-doctrine

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5784 Aaron Lee Porter v. United States Tenth Circuit 2023-10-13 Denied Response WaivedIFP abandonment-doctrine clear-error de-novo-review fourth-amendment question-of-fact question-of-law search-and-seizure standard-of-review Is a finding that an object has been abandoned within the meaning of the Fourth Amendment a question of law subject to de novo review, or a purely fac…
20-1198 Jerry Wiltz v. Texas Texas 2021-03-01 Denied Response Waived 4th-amendment abandonment abandonment-doctrine cell-phone cell-phone-privacy civil-rights fourth-amendment privacy privacy-rights search-and-seizure standing warrant-requirement Whether a person can abandon their privacy right to an item by merely leaving it behind without evidence of intentional abandonment
19-7605 Vincent Kane v. Pennsylvania Pennsylvania 2020-02-07 Denied Relisted (2)IFP 4th-amendment abandonment abandonment-doctrine cell-phone-privacy cell-phones fourth-amendment intent-to-reclaim password-protected property-rights public-place reasonable-expectation search-and-seizure Whether the doctrine of abandonment applies to password protected cell phones found in a public place?
19-979 Patrick S. Crick v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2020-02-05 Denied Response WaivedRelisted (2) abandonment abandonment-doctrine aedpa criminal-judgment due-process fabricated-evidence finality negligence post-conviction-counsel procedural-negligence state-finality Whether a State's interest in a judgment's finality is forfeited when the state fails to elicit the truth or fails to correct evidence it should know …
19-7392 Demetrius Darrell Davis, aka Meatman v. United States Fourth Circuit 2020-01-23 Denied Response WaivedIFP 4th-amendment 4th-amendment-search-and-seizure abandonment abandonment-doctrine criminal-procedure disclaimer-of-ownership fourth-amendment incriminating-statement incriminating-statements police-questioning property-rights reasonable-expectation-of-privacy search-and-seizure Whether a mere disclaimer of ownership in an effort to avoid making an incriminating statement constitutes abandonment
18-350 Lamar Sequan Brown v. South Carolina South Carolina 2018-09-18 Denied Response Waived abandonment abandonment-doctrine cell-phone-privacy cell-phones digital-data fourth-amendment privacy reasonable-expectation-of-privacy reasonable-expectation-privacy search-and-seizure search-warrant warrant-requirement Whether police must obtain a warrant before searching cell phone data on a lost but passcode-protected phone