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People Vs Breis and Yumol Digest

The document discusses the legal concept of bona vacantia, which refers to abandoned articles that law enforcement can search and seize without a warrant. It summarizes several Supreme Court cases that established that the Fourth Amendment does not apply to incriminating articles or evidence that have been discarded or abandoned. Applying this precedent, the document concludes that searching an abandoned box containing marijuana on a bus without a warrant was a valid search since the box was considered bona vacantia once abandoned by the appellants.

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359 views1 page

People Vs Breis and Yumol Digest

The document discusses the legal concept of bona vacantia, which refers to abandoned articles that law enforcement can search and seize without a warrant. It summarizes several Supreme Court cases that established that the Fourth Amendment does not apply to incriminating articles or evidence that have been discarded or abandoned. Applying this precedent, the document concludes that searching an abandoned box containing marijuana on a bus without a warrant was a valid search since the box was considered bona vacantia once abandoned by the appellants.

Uploaded by

George Panda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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People vs Breis and Yumol, GR 205823

Issue: what is bona vacantia? Can abandoned articles or left behind bags on the bus be searched
without a warrant?
In the United States, abandoned articles, such as those thrown away, are considered bona vacantia, and
may be lawfully searched and seized by law enforcement authorities.
In Abel v. United States, it was held that incriminating articles which had been thrown away, but latter
recovered by the FBI without a warrant, were admissible since such articles were abandoned and that
there was nothing unlawful in the governments appropriation of such abandoned property.
In Hester v. United States, defendants and his associates ran away from officers, and in the process
discarded a jar and a jug. The USSC held no Fourth Amendment violation occurred when officers
examined the contents of the discarded items without warrant. In California v. Hodari, police officers,
without warrant, pursued defendant who threw a rock of cocaine into an alley as he was running. The
USSC upheld the admissibility of the abandoned cocaine.
Applied analogously, there is no objectionable warrantless search and seizure of the box of marijuana
abandoned in the bus by appellants. Given the above discussion, it is readily apparent that the search in
this case is valid.

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