Abandonment of Property

There are two main factors to consider when determining whether or not abandonment has occurred. The first is the location in which the items have been left and the second is the overall intent of individual. In this scenario two officers had identified two suspects that fit the description of Ecstasy distributors at a local pizzeria. The officers witnessed the two individuals exchange unknown items to a man behind the counter where they then left. While the two officers continued to follow the two suspects the officers were led to a second location, a motel which was being rented and occupied by a female. When the officers knocked on the door and they announced their presence and then heard a rustling sound behind the door where they were soon greeted by a female who willingly allowed the officers to enter the premises.

In addition, while the officers were inside the room they witnessed the two suspects leave the bathroom in a nervous state. As the officers conducted a visual search of the bathroom, pills were discovered in and around the toilet. As stated in our chapters, any material that is discarded by its owner or when an individual denies ownership of an item that item is considered abandoned and any evidence obtained is admissible in court. The abandonment in this scenario took place when the two men tried to flush the pills down the toilet. This in return, can be considered the same as if one was to discard property in the rubbish.

Once one throws away an item, the Court states that individual is willingly given up ownership or legal possession of that item; therefore anyone at that point can obtain the item. The second part that makes this an abandonment case is the actual intent of the two individuals. The intent of the two suspects was to flush the incriminating evidence down the toilet so the officers would be left unable to confiscate the illicit substances. This in return, would leave the officers with no evidence. Once the items were discovered, Probable cause was established which allowed the officers to conduct a search of the immediate areas where the two individuals were arrested where the discovery of four additional baggies were located in the plumbing.