Category Archives: Standing

M.D.Fla.: Def was given guest standing to challenge a knock-and-talk that both sides agree was unreasonable

The knock-and-talk turned into a full scale raid, and the parties agree it was unreasonable. The R&R is rejected that defendant didn’t have standing. “The Court finds that defendant has standing to challenge the police conduct in and near the … Continue reading

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D.N.M.: Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration

Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration. The Franks challenge fails. United States v. Martinez, 2018 U.S. Dist. LEXIS 192181 (D. N.M. Nov. 9, 2018). Defendant had standing to challenge the … Continue reading

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S.D.Ohio: Warrant was still particular because attachments were present at time of search

The search warrants here were particular because the affidavits and attachments were incorporated by reference and present at the time of the search. The temporal limitations on the warrant were not vague and stale. It was limited in scope otherwise. … Continue reading

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D.Haw.: “Intended recipient” of a parcel whose name isn’t on it has no standing.

As an “intended recipient” of a parcel, defendant has no standing. His name isn’t on the package as sender or recipient. United States v. Williams, 2018 U.S. Dist. LEXIS 177669 (D. Haw. Oct. 16, 2018). Officers could reasonably believe that … Continue reading

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D.Kan.: Driver had no standing in car search even though owner was with him in car

A mere possessor/driver of a car has no standing in it, even allegedly with permission of the owner who was sitting in the car with him [and this certainly seems completely contrary to Bryd]. United States v. Gonzalez-Molina, 2018 U.S. … Continue reading

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N.D.Ga.: Court assumes exclusionary rule applies to 404(b) evidence and finds 2003 search valid for trial in 2018; frisk of fannypack valid

Defendant moved to suppress 404(b) evidence of a 2003 stop and search that the government will offer into evidence in his current indictment involving allegations from 2014 going to trial shortly. The stop was on video, and the officer’s testimony … Continue reading

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E.D.Tenn.: No standing in a shipped package found in another’s car where def’s name not on box as sender or recipient

Defendant had no standing to challenge the search of a previously shipped package located in another person’s vehicle that had his name nowhere on it as recipient or sender. Also, the search of the package was valid by consent and … Continue reading

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CA11: Not calling def at suppression hearing was [a founded] strategy decision

Defense counsel’s decision not to call the defendant or other witnesses at a suppression hearing was a strategy decision not subject to second guessing except in extraordinary circumstances. Defense counsel concluded they lacked credibility. Here, defendant testified at trial to … Continue reading

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D.Conn.: No per se standing in a cell phone seized off your person; prove it’s yours

Defendant made no attempt to show standing in the cell phone of another person that was lawfully seized incident to his arrest and in his pocket. He needed his own testimony or that of another to establish it. United States … Continue reading

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E.D.N.Y.: CSLI obtained 7 years before Carpenter was in good faith

Defendant was tried in 2011. He was scheduled to be sentenced in 2018. He filed a motion to reopen the suppression hearing of his CSLI obtained under the SCA because of Carpenter. Denied; good faith exception applies. United States v. … Continue reading

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LA1: Changing suppression issue on appeal from lack of PC to arrest to an unreasonable search is waiver of the issue

Defendant’s motion changed from probable cause to arrest to whether there was an unreasonable search and seizure between the suppression hearing and the appeal. Thus, the issue for appeal wasn’t presented to the trial court, so it’s not preserved for … Continue reading

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Cal.4th: Retroactive conversion of felony MJ conviction to civil infraction didn’t require lawfully collected DNA be purged from database

California’s retroactive conversion of personal use felony marijuana convictions to civil infractions does not warrant removal of defendant’s DNA from the system. People v. Laird, 2018 Cal. App. LEXIS 841 (4th Dist. Aug. 30, 2018), ordered published Sep. 21, 2018. … Continue reading

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