United States v. Keith Alan Robinson

73 F.3d 371 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Keith Alan ROBINSON, Defendant-Appellant. No. 95-10096. United States Court of Appeals, Ninth Circuit. Submitted Dec. 8, 1995. * Decided Dec. 22, 1995. Before: BROWNING, CANBY, and HALL, Circuit Judges. 1 MEMORANDUM ** I. Motion to Suppress 1 2 Persons who voluntarily abandon property lack standing to complain of its seizure or search. United States v. Gilman, 684 F.2d 616, 619 (9th Cir.1982). The district court's finding of abandonment was supported by the evidence. Standing may exist if there is a nexus between unlawful police conduct and abandonment of the property, id. at 620 , but Robinson failed to establish that a Fourth Amendment violation precipitated the abandonment. Since Robinson did not submit to the agents' initial coercive show of authority, no seizure occurred prior to the abandonment. United States v. Hernandez, 27 F.3d 1403, 1406 (9th Cir.1994) ("A…