Ferguson

United States v. Ferguson

Good Law
33 F. App'x 849
United States Court of Appeals for the Ninth CircuitFebruary 22, 2002No. 01-30034; D.C. No. CR-00-00192-CCalifornia330 words

Opinion

Lead Opinion

MEMORANDUM **

Stephen Clifford Ferguson appeals the district court’s denial of his suppression motion. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Ferguson contends that the district court erred by concluding that he lacked standing to assert his Fourth Amendment rights because he abandoned the searched property. This contention is without merit.

*850 We review a district court’s finding of abandonment for clear error. United States v. Nordling, 804 F.2d 1466, 1469 (9th Cir.1986).

To find that a person has abandoned property, a district court need only conclude whether the person so relinquished his interest in the property that he no longer retained a reasonable expectation of privacy at the time of the search. See id. (providing that “[t]his determination is to be made in light of the totality of the circumstances, and two important factors are denial of ownership and physical relinquishment of the property”). Here, prior to police entry into the residence in search of medical information, Ferguson told aid personnel that the house was not his, and that the contents of the house belonged to McAlpin. Ferguson had also produced identification which listed…

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