United States v. Juszczyk

BACHARACH, Circuit Judge.

The Fourth Amendment does not prohibit a search of property that has been “abandoned.” United States v. Ruiz, 664 F.3d 833, 841 (10th Cir. 2012). The property at issue here is a backpack owned by Mr. Nicolas Juszczyk, who was repairing his motorcycle in the backyard of Ms. Tina Giger. A concerned neighbor contacted police, who came to investigate. When they did, Mr. Juszczyk threw the backpack onto Ms. Giger’s roof, where the backpack was later retrieved by police and searched. Inside was methamphetamine, a firearm, arid documents bearing Mr. Juszczyk’s name. We must…