Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes
What will be an ideal response?
There are two elements to determining whether property is abandoned for Fourth
Amendment purposes: a physical and a mental element. For the physical element, a
person must physically give up possession of an item. For the mental element, a
person must intend to give up the expectation of privacy in an item.
A common example of abandoned property may be small pieces of trash. After people
eat their fast food sandwiches, they then discard the wrappers in which the sandwiches
came by throwing them away. They have both physically given up possession of the
wrapper and did so with the intent to abandon any expectation of privacy in it.
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