Category Archives: Standing

CA5: 10 am knock-and-talk didn’t violate Jardines

Officers who came to defendant’s door at 10 am and asked for permission to use a dog to sniff his yard didn’t violate Jardines. United States v. Flores, 2020 U.S. App. LEXIS 10235 (5th Cir. Apr. 1, 2020). “The present … Continue reading

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PA: No right to leave vehicle parked on another’s property to avoid inventory

Defendant showed standing by showing that he bought the car he was driving and put it in his sister’s name, and he was the only person who drove it. The inventory was proper because there was no right to leave … Continue reading

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D.Mass.: Renter of car who loaned it out still had standing in the car

Defendant rented a car in his name two weeks before the search. He had standing in the car when somebody borrowed it and was stopped. The court declines to find that the dog handler cued the dog. Audio of a … Continue reading

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CA9: Facial challenge to housing inspection ordinance fails because there is an administrative warrant provision

Plaintiffs’ facial challenge to Los Angeles’ housing inspection ordinance fails because it isn’t unconstitutional in all applications. An administrative warrant provision is provided for. Garris v. City of Los Angeles, 2020 U.S. App. LEXIS 8361 (9th Cir. Mar. 17, 2020). … Continue reading

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GA: Def made no effort to show standing in girlfriend’s cell phone

CSLI was admitted involving defendant’s girlfriend’s cell phone that defendant was using. He made no effort to show standing in the cell phone. Defense counsel wasn’t ineffective for not raising standing. Albright v. State, 2020 Ga. App. LEXIS 187 (Mar. … Continue reading

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N.D.Iowa: Use of fictitious name on package doesn’t deny standing

A person using a fictitious name to send or receive a package still has standing in the package, collecting cases on both sides. In this case, there was reasonable suspicion to divert the package in transit. United States v. Yodprasit, … Continue reading

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D.C.: PC for SW moots standing dispute

Defendant claimed in post-conviction that his defense counsel was ineffective for not filing a motion to suppress for lack of standing and inability to undermine the showing of probable cause. It’s unclear what defendant told his lawyer about the facts … Continue reading

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TX14: Client had standing to object to seizure of her files from her attorney’s office for his misapplication of her fee into trust account

A search warrant was executed on a divorce lawyer’s office for some client files after a $75,000 retainer was paid into the IOLTA account which had a -$49,000 balance. The district court erred in holding the client had no standing … Continue reading

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TX8: Def has no standing to complain of writ of attachment on a witness

“[W]e conclude that Fernandez made no showing at trial of an invasion of his own rights to establish he had standing to complain of the State’s use of the writ of attachment to secure the attendance for trial of complaining … Continue reading

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CA1: Def lacked standing to challenge search of a shed actually done under authority of bail condition

Defendant was stopped by officers with “beyond” reasonable suspicion he was dealing drugs. The stop was not unreasonably long, and defendant incriminated himself pre-Miranda. Defendant lacked standing to challenge the search of a shed. The justification for the search was … Continue reading

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OH: Lack of RS for stop or knowledge of an arrest warrant denies state reliance on Strieff for outstanding warrant

Defendant was sitting in a car near a drug house doing nothing wrong. Police accosted him under the pretext there might be a warrant for him. It turned out there was. Even applying Strieff, the court concludes that Strieff was … Continue reading

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W.D.Mo.: Furtive movement as car was stopping was RS

Defendant’s furtive movement as car stopped was reasonable suspicion. United States v. Young, 2020 U.S. Dist. LEXIS 21367 (W.D. Mo. Jan. 22, 2020). Comparing numbers from search warrant obtained text and call history and CSLI for defendant’s phone provided probable … Continue reading

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