United States v. Juszczyk, No. 15-3323 (10th Cir. 2017)
Annotate this CaseThe property at issue here was a backpack owned by defendant-appellant Nicolas Juszczyk, who was repairing his motorcycle in the backyard of Tina Giger. A concerned neighbor contacted police, who came to investigate. When they did, Juszczyk threw the backpack onto Giger's roof, where the backpack was later retrieved by police and searched. Methamphetamine, a firearm, and documents bearing Juszczyk's name were found inside. The issue this case presented for the Tenth Circuit's review was whether Juszczyk lacked an objectively reasonable expectation of privacy after throwing his backpack onto the roof. The Court concluded that any expectation of privacy was not objectively reasonable; as a result, Juszczyk abandoned the backpack and the search was lawful.
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