Category Archives: Standing

CA8: TSA’s officers “satisfy the FTCA’s definition of an investigative or law enforcement officer” for FTCA

“The central question here is whether Transportation Security Administration (TSA) screening personnel, known as Transportation Security Officers (TSOs), satisfy the FTCA’s definition of an investigative or law enforcement officer. Holding that they do, we reverse and remand.” “Two of our … Continue reading

Posted in § 1983 / Bivens, Standing | Comments Off on CA8: TSA’s officers “satisfy the FTCA’s definition of an investigative or law enforcement officer” for FTCA

D.P.R.: Def retained REP in backpack he stored in a car he wasn’t riding in

Defendant retained a reasonable expectation of privacy in a backpack that he placed in a car that he wasn’t in when it was searched. “The following circumstances established that the defendant possessed a reasonable expectation of privacy in the briefcase: … Continue reading

Posted in Drug or alcohol testing, Private search, Reasonable expectation of privacy, Standing | Comments Off on D.P.R.: Def retained REP in backpack he stored in a car he wasn’t riding in

E.D.Pa.: Guest who intended to spend the night had standing

Defendant had standing to contest a search of premises he was visiting and anticipated spending the night. He loses on the merits by his consent. United States v. Mack, 2020 U.S. Dist. LEXIS 152664 (E.D. Pa. Aug. 24, 2020). Defendant’s … Continue reading

Posted in Cell phones, Reasonable suspicion, Standing | Comments Off on E.D.Pa.: Guest who intended to spend the night had standing

CA5: “I don’t know, it’s not my vehicle” is a disavowal of standing

“Rather than establishing an expectation of privacy, Beasley expressly disavowed ownership of the vehicle, saying, ‘I don’t know, it’s not my vehicle.’ Because he disclaimed ownership of the vehicle, the district court appropriately determined that Beasley lacked any expectation of … Continue reading

Posted in Franks doctrine, Standing | Comments Off on CA5: “I don’t know, it’s not my vehicle” is a disavowal of standing

E.D.N.Y.: Lack of a DL doesn’t deny standing in a borrowed car

Defendant had standing to challenge the stop and search of a car he’d borrowed with permission of the owner despite the lack of a driver’s license, but he loses on the merits. United States v. Zimmerman, 2020 U.S. Dist. LEXIS … Continue reading

Posted in Abandonment, Franks doctrine, Private search, Standing | Comments Off on E.D.N.Y.: Lack of a DL doesn’t deny standing in a borrowed car

W.D.Pa.: Intervention for return of A-C privileged information denied as moot because they have the information

Intervention in a criminal case to attempt to recover information obtained in alleged violation of the attorney-client privilege is denied as moot. They already have that information, and there is a fundamental difference between recovery of property under Rule 41(g) … Continue reading

Posted in Rule 41(g) / Return of property, Standing | Comments Off on W.D.Pa.: Intervention for return of A-C privileged information denied as moot because they have the information

CA9: Hotel occupancy ends when manager kicks you out

“The district court correctly determined that Ford lacked standing to challenge the officers’ entry into the hotel room under the Fourth Amendment because any reasonable expectation of privacy Ford had in the room, which had been rented by Ford’s co-defendant … Continue reading

Posted in Excessive force, Reasonable expectation of privacy, Standing | Comments Off on CA9: Hotel occupancy ends when manager kicks you out

CA9: Nevada JP’s PC determination never finalized has no preclusive effect in § 1983 case

A preliminary determination of probable cause by a justice of the peace that is not appealed is not entitled to preclusive effect under state law. Therefore, plaintiff states a claim for relief for his alleged false arrest despite that. Scafidi … Continue reading

Posted in § 1983 / Bivens, Issue preclusion, Standing | Comments Off on CA9: Nevada JP’s PC determination never finalized has no preclusive effect in § 1983 case

D.Haw.: 4A IAC requires showing standing, too

Defendant’s ineffective assistance of counsel claim for a search issue has to show that he had standing to even make the Fourth Amendment challenge, which he doesn’t. It’s an integral part of the merits claim. United States v. Scher, 2020 … Continue reading

Posted in Dog sniff, Ineffective assistance, Standing | Comments Off on D.Haw.: 4A IAC requires showing standing, too

W.D.Ark.: Stop for following too close was without PC when truck pulled in front of car and officer didn’t give time for def to widen the gap

Defendant’s stop for following too close was without probable cause and unreasonable because a truck pulled in front of him, and the officer didn’t give him time to back off before the stop occurred. United States v. Grant, 2020 U.S. … Continue reading

Posted in Probable cause, Standing | Comments Off on W.D.Ark.: Stop for following too close was without PC when truck pulled in front of car and officer didn’t give time for def to widen the gap

D.D.C.: No REP in apt building laundry room when officer saw def in possession; take down when he resisted was reasonable

“In short, and as explained below, the Court finds that Leake’s stance in the corner of the laundry room was suspicious, and that upon approaching him, Officer Pantaleon observed Leake holding a small clear plastic baggie containing a powder-like substance. … Continue reading

Posted in Excessive force, Plain view, feel, smell, Reasonable expectation of privacy, Standing | Comments Off on D.D.C.: No REP in apt building laundry room when officer saw def in possession; take down when he resisted was reasonable

W.D.Tex.: State officer’s alleged 4A violation doesn’t permit removal of criminal case to federal court

Defendants removed their state criminal cases to federal court under 28 U.S.C. § 1443 based on claimed search and seizure issues. This isn’t a proper ground to remove, and they have a state law remedy. Texas v. Calzada, 2020 U.S. … Continue reading

Posted in Abstention, Burden of pleading, Standing | Comments Off on W.D.Tex.: State officer’s alleged 4A violation doesn’t permit removal of criminal case to federal court

CA8: Def didn’t show standing in rental car with blank rental agreement

Defendant’s possession of a blank rental agreement fell short of showing his standing to challenge the search of the car he was driving. Defendant has to go forward on standing somehow, and Byrd doesn’t say how. United States v. White, … Continue reading

Posted in Ineffective assistance, Standing | Comments Off on CA8: Def didn’t show standing in rental car with blank rental agreement

CA11 (en banc): Abandonment is a 4A standing issue, not an Art. III standing issue

“Sometimes courts make simple mistakes. And simple mistakes call for simple fixes. Just so here. In United States v. Sparks, we held that a suspect who ‘abandons’ his privacy or possessory interest in the object of a search or seizure … Continue reading

Posted in Standing | Comments Off on CA11 (en banc): Abandonment is a 4A standing issue, not an Art. III standing issue

NY: CBP officer at least was conducting a citizen’s arrest when he stopped def and turned him over to local police

A CBP maritime officer is not a LEO under NYS law but that didn’t void his stopping a vehicle while on duty in Buffalo for driving erratically. Buffalo officers were called, and he left to go back to work. They … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on NY: CBP officer at least was conducting a citizen’s arrest when he stopped def and turned him over to local police

S.D.Ga.: Govt’s GFE exception argument waived by not being presented to USMJ

The officer here departed from the investigation of the traffic offense without reasonable suspicion, and the stop became unreasonable. The government’s argument that Rodriguez hadn’t been decided at the time this happened wasn’t presented to the magistrate, so it’s waived. … Continue reading

Posted in Good faith exception, Standards of review, Standing | Comments Off on S.D.Ga.: Govt’s GFE exception argument waived by not being presented to USMJ