Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, June 24, 2020

Ross: Abandonment of a Place or Thing Goes to Fourth Amendment Merits, not Article III Standing, And so Is Waivable

In United States v. Ross, No. 18-11679 (June 24, 2020) (Newsom)  (en banc), the Court unanimously held that a suspect’s abandonment of a place or thing implicates only the merits of his Fourth Amendment claim, not Article III standing, which is jurisdictional in nature.  As a result, the government can waive an abandonment argument if it fails to properly raise it.  In so holding, the Court overruled contrary circuit precedent.

Judge Rosenbaum concurred: “As the writer of the Sparks opinion [the precedent being overruled], I regret my error and appreciate the Court’s correction of our Circuit’s jurisprudence.”