Abandoned property refers to any property that the owner voluntarily gives up, often with no intention of reclaiming it. This concept is crucial in law enforcement because the abandoned property may be searched without a warrant, as it falls outside the Fourth Amendment’s protection (U.S. Const. amend. IV).
Hester v. United States (1924)
In Hester v. United States, 265 U.S. 57 (1924), a prohibition agent, suspecting Hester of producing illegal moonshine, trespassed onto his property to observe him. Spotting the agent, Hester and an accomplice discarded the containers they were carrying. The agent retrieved the containers, which held moonshine.
The Supreme Court held that the Fourth Amendment didn’t protect the open fields around Hester’s home and that the abandoned containers were fair game for a warrantless search. The court reasoned that Fourth Amendment protections didn’t extend to open fields and that property abandoned in such areas was likewise not protected (Hester, 1924).
Abel v. United States (1960)
Abel v. United States, 362 U.S. 217 (1960), involved a suspected Soviet spy. After Abel was arrested in his hotel room, he discarded a hollowed-out pencil containing microfilm. The item was later recovered and used as evidence.
The Supreme Court upheld the search, reasoning that Abel had abandoned the property by leaving it behind when he knew he wouldn’t return to the hotel room. Therefore, the search didn’t violate the Fourth Amendment (Abel, 1960).
California v. Greenwood (1988)
California v. Greenwood, 486 U.S. 35 (1988) is another notable case. Greenwood, suspected of dealing narcotics, had his trash bags searched without a warrant. The trash left on the curb for pickup contained evidence of drug use.
The Supreme Court ruled that Greenwood had no reasonable expectation of privacy for trash left in an area accessible to the public. The court considered the trash abandoned, permitting warrantless search under the Fourth Amendment (Greenwood, 1988).
Summary
Abandoned property provides an intriguing exception to the Fourth Amendment’s usual protections against warrantless searches. As the cases of Hester (1924), Abel (1960), and Greenwood (1988) have shown, the principles of abandonment can significantly impact how and where law enforcement can conduct searches without a warrant.
References
- Abel v. United States, 362 U.S. 217, 1960.
- California v. Greenwood, 486 U.S. 35, 1988.
- Hester v. United States, 265 U.S. 57, 1924.
- U.S. Const. amend. IV.
Modification History File Created: 08/08/2018 Last Modified: 07/17/2023
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