· 2/1/2005
United States v. Lee Ronald Stevenson
Citations
- 396 F.3d 538
- 2005 U.S. App. LEXIS 1558
- 2005 WL 221869
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that appellate courts must defer to the trial court’s fact-finding function on motion to suppress
- explaining that the test for abandonment is whether the defendant “retains a reasonable expectation of privacy” in the property at issue (internal quotation marks omitted)
- explaining that the Fourth Amendment’s protections “extend[] to apartments, rented rooms within a house, and hotel rooms so that a landlord may not give the police consent to a warrantless search of a rented apartment or room”
- “When a person voluntarily abandons his privacy interest in property, his subjective expectation of privacy becomes unreasonable . . . .”
- at a motion to suppress hearing, trial judge could rely primarily upon letter written by defendant to his girlfriend regarding his intention to relinquish his interest in the apartment
- “If appellate courts were to begin the practice of making competitive findings with respect to undisputed or documentary evidence, they would usurp the trial function . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Niemeyer, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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