What is the test for whether a property was abandoned by the police?
California, United States of America
The following excerpt is from People v. Hergott, G058887 (Cal. App. 2020):
Abandonment is determined based only on the facts known to law enforcement at the time of the search. (United States v. Small (4th Cir. 2019) 944 F.3d 490, 501.) Evidence uncovered by the police later has no bearing on whether the property was abandoned, and therefore whether the search was reasonable and constitutionally permissible. (Ibid.)
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