PENNY POSPISIL v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the requisite conditions for abandonment were apparent in the situation” where furniture and food were gone from the apartment but a few clothes, some half-empty liquor bottles, and a cardboard box containing chemicals remained
• suggesting that some circuits have accepted federal officers searching premises that were only “apparently abandoned” rather than abandoned as a matter of law
• upholding search of apartment based on officer’s reasonable but mistaken belief that the premises had been abandoned
• sustaining search and seizure where drug agent reasonably believed defendant had abandoned premises, apartment landlord consented to entry, and agent \acted with care\ to determine landlord's authority and reviewed facts indicating abandonment
• question of whether a person has abandoned property turns not on an actual expectation of privacy, but rather on the exhibition of an actual expectation of privacy
• “If one who has abandoned property from all outward appearances in fact has retained a subjective expectation of privacy, then a search of the property is nevertheless valid if that expectation is intrinsically unreasonable . . . .”

Source: CourtListener parenthetical corpus (CC0).