Abandonment of Property and Evidence
Street Cop Podcast
Street Cop Training
4.9 • 967 Ratings
🗓️ 26 July 2021
⏱️ 6 minutes
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| 0:00.0 | One of my law and one-time. |
| 0:02.0 | You're trying to be a street cop. |
| 0:10.0 | All my law enforcement brothers and sisters and the new members of the group, thank you for coming aboard. |
| 0:16.0 | Those guys across the country are watching this video. |
| 0:18.0 | Thanks for joining the group. |
| 0:19.0 | We have been getting a lot of out-of-state law enforcement officers who have said, Dennis, these videos have helped me even in my state. So today we're going to view a video, but again, remember that a lot of our stuff comes from New Jersey criminal case law, and that will be getting to more stuff about regarding interdiction and things along those lines as we go further and further. But I do want to |
| 0:38.3 | address the case today. It is State v. Carval, and we'll talk about abandonment in the rule of |
| 0:43.6 | New Jersey. So I'm going to read you to the meat potatoes of abandonment, where one abandoned's |
| 0:48.0 | property, he has said, to bring his right of privacy there into an end that may later not |
| 0:53.5 | complain about its subsequent seizure and use |
| 0:56.1 | and evidence against him. The property of abandonment may be seized without probable cause. New Jersey |
| 1:00.3 | defines abandonment as a voluntary relinquishment of all right title claim and possession |
| 1:04.8 | with the intention of now reclaiming it. The rule for abandonment, all parties present must have no |
| 1:09.2 | claim to the package. All right. See State v. Tucker, State versus Andre Johnson in 2008, and State versus Carval, 2010. Now, I'm going to attach Carval onto here, and I'll explain what happened in that case, and you guys can click that, and you can read that case. Like I said, I always tell you guys, it's important that you take this information I give you and, you know, know, know it and I try to just help you understand it better, but read the case yourself. They're really easy to understand and it's good. You guys will get a lot out of it, but it will take it to work and use it at work. So what is abandonment? Basically what abandonment is is here's this case out of Union City, New Jersey. This is back in 2010. Let's say, let's take a little check. Yeah, 2010. So what happens is, is Union City detectives get a call from New Jersey State Trooper, who has a snitch or a CI, who is giving information about this guy, who is Mr. Carval, who's coming up on a bus from Miami. And the CI's let's telling this trooper, who's relating this information to the Union City detectives. Hey, this guy's on this bus. It's going to stop from Miami to Union City for a for a switchover. 11 o'clock in the morning. You guys should look out for this guy. We have a good description of them. And as they see the guy who do surveillance on it, comes up comes off the bus, they get to speak with him, he starts giving them some story that didn't make sense. And they find that his possession, he had a envelope with his name actually, Mr. Caravala, on it, Pablo Caravall, I believe his first name was. So there are about 15 or 20 other passengers on the bus. They go on the bus, and they ask everybody if they have their |
| 2:34.4 | tickets to match their luggage. And what they find in the bus is a duffel bag that nobody's claiming. Nobody knows what duffel bag is. They bring it out. Mr. Carval does not claim that it's his at all. And they open it up because it's abandoned property. They actually had a dog come and sniff. That's irrelevant, you don't need that, but they actually, part of the case where they had a dog sniff it, but you don't need that. They open it up and they find Mr. Carval's identifying cards and there's things that tie him to the bag. Inside the bag, there's also 46 ounces of heroin. It's a tough, tough day, Mr. Carvel. So Carvel comes to court and says, |
| 3:09.2 | look, they never asked me for consent to search of my bag. And the court said, they didn't even know it was your bag. How could they ask you for consent to search? They asked you, you said it wasn't yours. You denied it. It's abandoned property. The police have the right to go inside of a bag and find out who belongs to when they don't know who the owner is. |
| 3:08.4 | Don't even have a clue who the owner is. |
| 3:10.6 | So sorry. side of a bag and find out who it belongs to when they don't know who the owner is. |
| 3:25.8 | Don't even have a clue who the owner is. So sorry, Mr. Carbo. You're beat. |
| 3:31.3 | To the old green bar hotel you go. So that's pretty much it. There have been cases where they |
| 3:35.9 | haven't asked, police haven't asked everybody on the scene if it was their, their box or item or bag. So make sure that you were just following the guidelines. And if there's people there, you've got to say to them, hey, is this yours? Is this yours? This is yours? When nobody there says that it's theirs and it's abandoned property, it's yours. So I had a similar case on motor vehicle stuff where a guy threw a box out the window, had a kilo cocaine in it. And he was asked, is this your box? And he denied ownership of it. We didn't know whose it was, although we saw him throw it out. But he denied ownership, it no longer was his. And we're actually able to open the box and find a kilo inside the box of cocaine, you know, inside the box, the FedEx box. But anyway, hope you guys get something out of this tonight. I'll be back here tomorrow. Hopefully, it's always nothing arises and I can get on this friggin video. Let's see what he says. How does supply to abandoned motor vehicles? Brian, I'm going to have to think about that for a second. I mean, obviously when you're going to find the abandoned motor vehicle, you're going to be running a thing to it. You're going to be checking things like that. Obviously, even with a stolen motor vehicle or maybe something that's abandoned, you know, like if you found something in the woods, I guess it depends on the circumstance, but a stolen motor vehicle, you can search. You don't need you consent to search a stolen motor vehicle. Abandon one, if you had, it really depends on what the circumstances are, is abandoned somebody who parked in front of their house for three days and you |
| 4:30.8 | stickered it and now it's abandoned? |
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