Category Archives: Standing

VA: Def lacked standing in the car of his passenger he was driving

Defendant was driving a car that belonged to his passenger, and it was legitimately stopped because of an expired tag. The court gave a long exposé of property rights and standing useful in the future, but not for him because … Continue reading

Posted in Scope of search, Standing | Comments Off on VA: Def lacked standing in the car of his passenger he was driving

D.Idaho: Small business owner with 90% share has standing to challenge search of entire premises

As a 90% owner of a small business and the building in which it was located, an investment firm (and disregarding the assets they managed), he had standing to challenge the entirety of the search of the premises, not just … Continue reading

Posted in Scope of search, Standing | Comments Off on D.Idaho: Small business owner with 90% share has standing to challenge search of entire premises

D.D.C.: Speculation about illegal FISA wiretapping fails to show standing under Clapper

A complaint against the Special Counsel that his office conducted unconstitutional surveillance under FISA is dismissed as speculation, and speculation is no standing under Clapper. And plaintiff’s counsel has already lost cases in this court on no standing with facts … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off on D.D.C.: Speculation about illegal FISA wiretapping fails to show standing under Clapper

NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end

Defendant’s stop was for over-tinted windows. The officer could smell burnt marijuana, and he searched finding some in the console. Finding that, he was not obligated to stop searching. State v. Valentine, 27 Neb. App. 332, 2019 Neb. App. LEXIS … Continue reading

Posted in Scope of search, Standing | Comments Off on NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end

E.D.Tenn.: Def who came to motel room to “turn up, smoke, and chill” and to examine a firearm he was considering buying didn’t have standing

“Penn stated that his purpose in coming to the room was to ‘turn up, smoke, and chill’ and to examine a firearm he was considering purchasing.” He said he napped there. He had no reasonable expectation of privacy in the … Continue reading

Posted in Standing | Comments Off on E.D.Tenn.: Def who came to motel room to “turn up, smoke, and chill” and to examine a firearm he was considering buying didn’t have standing

E.D.Wis.: Police allegely entered curtilage to shine headlights in windows, and homeowner consented to entry; def was inside and without standing to contest

Defendant contended that police drove onto the curtilage and shined police headlights and lights into the premises. The USMJ couldn’t adequately resolve that because of a lack of photographic evidence showing what was where. But, that led to a consent … Continue reading

Posted in Consent, Reasonableness, Standing | Comments Off on E.D.Wis.: Police allegely entered curtilage to shine headlights in windows, and homeowner consented to entry; def was inside and without standing to contest

W.D.Pa.: Def was not an overnight guest, but his connection to the property was substantial, he had a key, and he could come and go at will, so that’s sufficient

On the spectrum of standing from overnight guest to somebody with minimal connection to the premises, defendant was not an overnight guest, but he had a key and pretty much free reign over the premises. The court concludes he had … Continue reading

Posted in Standing | Comments Off on W.D.Pa.: Def was not an overnight guest, but his connection to the property was substantial, he had a key, and he could come and go at will, so that’s sufficient

CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III

“The Probation Department employees’ alleged threat to send Repotski back to jail does not state a constitutional violation cognizable under § 1983. See McFadden v. Lucas, 713 F.2d 143, 146 (5th Cir. 1983) (noting that mere threats do not amount … Continue reading

Posted in Qualified immunity, Search, Seizure, Standing | Comments Off on CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III

OH2: Part owner of a business didn’t have standing to challenge seizure of surveillance DVR with video of him committing assault

Defendant was a part owner of a business with computer access cards to get in doors. He still didn’t have a sufficient reasonable expectation of privacy in the computer storage system of a surveillance video system showing where he committed … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off on OH2: Part owner of a business didn’t have standing to challenge seizure of surveillance DVR with video of him committing assault

W.D.Okla.: Def’s on-again off-again relationship with decedent didn’t give him standing in a search of her premises when they were off-again; he had no key

“Though Defendant may have had an ‘ongoing and meaningful connection to [Zotigh’s] home as a social guest’ at certain times prior to the searches, Zotigh’s termination of their relationship, her refusal to allow Defendant to stay in her mobile home … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off on W.D.Okla.: Def’s on-again off-again relationship with decedent didn’t give him standing in a search of her premises when they were off-again; he had no key

WA grants automatic standing to a car thief but finds inventory of the car reasonable

“We are asked to answer two questions under article I, section 7 of our state constitution: first, whether defendants have standing to challenge the scope of a warrantless inventory search of a vehicle when that vehicle is stolen and, second, … Continue reading

Posted in Inventory, Standing | Comments Off on WA grants automatic standing to a car thief but finds inventory of the car reasonable

D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport

The car that was searched was being hauled by a car carrier. By turning over a car to a car hauler, the car hauler has complete possession and actual and apparent authority to consent to a search, and the person … Continue reading

Posted in Apparent authority, Reasonable expectation of privacy, Standing | Comments Off on D.Minn.: A car hauler has actual and apparent authority to consent to a car in his possession for transport