Category Archives: Standing

CA3: There is no REP in the exterior of a package in transit

The initial detention and exterior inspection of the parcel sent to defendant did not implicate his Fourth Amendment rights because it occurred within the guaranteed delivery window. He had no reasonable expectation of privacy in the exterior of the parcel … Continue reading

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AR: Questions about legality of search before jury properly excluded under 403

Where the trial court denied the pretrial motion to suppress, cross-examination of the officer about the legality of the search was properly denied on objection by the state as potentially misleading to the jury. Damon v. State, 2025 Ark. App. … Continue reading

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M.D.Fla.: Denying knowledge of the car involved was a lack of standing

Denying knowledge of the car involved was a lack of standing. United States v. Powers, 2024 U.S. Dist. LEXIS 237574 (M.D. Fla. Dec. 18, 2024), adopted, 2025 U.S. Dist. LEXIS 8322 (M.D. Fla. Jan. 16, 2025). “The totality of the … Continue reading

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D.R.I.: Motion in limine about SW is denied; govt can refer to search in trial

Defendant’s motion in limine about whether a search warrant was utilized is denied. The government can refer incidentally to the search. United States v. Djan, 2025 U.S. Dist. LEXIS 8285 (D.R.I. Jan. 10, 2025). Officers had reasonable suspicion for the … Continue reading

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NY3: Inventory didn’t comply with dept. policy and there was no full inventory

Defendant’s traffic stop was valid, but the state failed to show the impoundment complied with departmental policies. There was no evidence the vehicle was unsecured or unsafe if left at the scene. The inventory search failed to follow departmental procedures … Continue reading

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CA8: When there’s PC for a SW, standing doesn’t even have to be decided

In a tax fraud case, there were six search warrants. Defendants challenge them all. Standing was in dispute, but doesn’t even have to be decided because there clearly is probable cause for all six, despite the claim that one piece … Continue reading

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ID: DV NCO denies def standing in premises

Issuance of an NCO on defendant denies him standing when he was found in the premises he was ordered from. He has no reasonable expectation of privacy once ordered away. Prior cases in accord are not overruled. State v. Ortiz, … Continue reading

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E.D.Tex.: Suppression not remedy for knock-and-announce violation

Suppression is not the remedy for a knock-and-announce violation. United States v. Bello, 2024 U.S. Dist. LEXIS 236255 (E.D. Tex. Dec. 19, 2024),* adopted, 2025 U.S. Dist. LEXIS 2332 (E.D. Tex. Jan. 7, 2025).* Defendant had no standing to question … Continue reading

Posted in Arrest or entry on arrest, Knock and announce, Qualified immunity, Standing | Comments Off on E.D.Tex.: Suppression not remedy for knock-and-announce violation

D.P.R.: Being in technical violation of a lease doesn’t deprive defendant of standing

“Following the logic of these cases, the fact that Defendant was apparently in technical violation of an apartment lease does not deprive him of standing to challenge the search in question. The evidence on the record indicates that Defendant was … Continue reading

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W.D.Wash.: Hypothetical 4A violation from civil investigative demand doesn’t confer Art. III standing

Hypothetical future Fourth Amendment injury from a state AG’s civil investigative demand doesn’t confer Art. III standing. Obria Grp., Inc. v. Ferguson, 2025 U.S. Dist. LEXIS 1166 (W.D. Wash. Jan. 3, 2025). “Here, a common-sense review of the warrant affidavit … Continue reading

Posted in Informant hearsay, Issue preclusion, Probable cause, Standing, Subpoenas / Nat'l Security Letters | Comments Off on W.D.Wash.: Hypothetical 4A violation from civil investigative demand doesn’t confer Art. III standing

ME: Standing is a threshold issue, and court could examine it despite the state’s stipulation

Despite the state stipulating to standing, it’s a threshold issue and the court finds no standing here. Defendant was a passenger in a car and kept some stuff in it, but he still lacked standing to contest this search. State … Continue reading

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D.Minn.: Disavowing ownership of the thing seized means no standing

“Here, Jackson appears to have denied any possessory interest in the SUV and the backpack. (Dkt. 22 ¶ 7 (‘Jackson was not the registered owner of the vehicle. He further claims all of the items in the vehicle and the … Continue reading

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E.D.Ky.: § 1983 complaint against his state case is barred by Younger

Plaintiff’s § 1983 complaint against his state case is barred by Younger. Cuffee v. Cabuay, 2024 U.S. Dist. LEXIS 233153 (E.D. Ky. Dec. 27, 2024).* Defendant has no standing to challenge the search of another person’s cell phone. United States … Continue reading

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CA5: Ptf’s excessive force claim arising from a traffic stop expands Bivens

Plaintiff’s shooting during a traffic stop gone bad is an expansion of Bivens and is rejected. Hernandez v. Causey, 2024 U.S. App. LEXIS 32527 (5th Cir. Dec. 23, 2024). Defendant had standing to contest the search of his room at … Continue reading

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MT: Cell phone probation search condition based on generalizations of cell phones and crime was unreasonable

This cell phone probation search condition based on generalizations of cell phones and crime was unreasonable. State v. LeDeau, 2024 MT 305 (Dec. 17, 2024). Plaintiff makes numerous claims against a city short term rental ordinance, including a Fourth Amendment … Continue reading

Posted in Cell phones, Emergency / exigency, Probation / Parole search, Standing | Comments Off on MT: Cell phone probation search condition based on generalizations of cell phones and crime was unreasonable

D.S.C.: No standing in suitcase on def’s back porch he wouldn’t claim

Defendant didn’t have standing to challenge the search of a suitcase on the back porch of his house that he didn’t claim ownership of. United States v. Lane, 2024 U.S. Dist. LEXIS 227893 (D.S.C. Dec. 17, 2024).* Plaintiff’s Fourth Amendment … Continue reading

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N.D.Iowa: Govt’s exigency claim to enter defendant’s garage is rejected

“To the extent defendants assert that the warrantless entry was necessary to continue a purported temporary detention of Wheelock to further their investigation, that is not a recognized exigency or exception to justify a warrantless entry into a home or … Continue reading

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PA: State failed in its burden of proof on inventory policy

The state failed to put on proof of the impoundment and inventory policy, so the trial court erred in finding it was reasonable. Commonwealth v. Brinson, 2024 PA Super 293, 2024 Pa. Super. LEXIS 536 (Dec. 9, 2024). Defendant’s car … Continue reading

Posted in Abandonment, Burden of proof, Exclusionary rule, Inventory, Standing | Comments Off on PA: State failed in its burden of proof on inventory policy

E.D.Mo.: Squatter owner had knowledge of still had no standing

Defendant was essentially a squatter who was wrongfully on the premises and had no standing. The owner lived on the second floor, and he squatted on the first floor for months. The building was condemned. His claim the owner’s tolerating … Continue reading

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N.Y.Co.: Shareholders cannot bring a 4A claim on behalf of a corporation that isn’t a party

Shareholders cannot bring a Fourth Amendment claim on behalf of a corporation that isn’t a party. Elfand v. Adams, 2024 NY Slip Op 24289, 2024 N.Y. Misc. LEXIS 19021 (N.Y. Co. Nov. 18, 2024). The CI’s information led to a … Continue reading

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