Category Archives: Standing

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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E.D.N.C.: Def who shipped FedEx packages under an alias had no standing to contest a search in transit since it was impossible for him to claim them

Defendant shipped packages by Federal Express using his deceased brother’s name as an alias. He had no standing to contest the search of the packages at the Greensboro NC hub. He had no ability to retrieve the packages in transit … Continue reading

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PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

The police had a defective search warrant to bring them to defendant’s house to search the car in the driveway. The Pennsylvania Supreme Court held the year before Collins v. Virginia that the automobile exception didn’t apply in one’s driveway, … Continue reading

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TN: Homeless urban camper trespassing in taking over another homeless camp tent had no standing

Defendant found an abandoned tent in a homeless campsite. The owner of the property was complaining to the police about homeless living there. “The record reflects that the Defendant and the others happened upon the tent and began using it … Continue reading

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S.D.N.Y.: Def has to show standing, and he can’t rely on affidavit for SW to do it

Defendant moved to suppress a Facebook search warrant for an account ostensibly in his name. A total of ten Facebook warrants were issued. Defendant did not file an affidavit claiming the Facebook account was his, and he cannot rely on … Continue reading

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SC: GPS on a probationer has to be properly authenticated, and PO isn’t the way

Defendant was accused of robbing a Zaxby’s restaurant with a probationer wearing a GPS monitor. The probationer pled. Defendant went to trial, and the probation officer was used to authenticate the GPS information. It was inadequate. However, the court applies … Continue reading

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NC: CI merely located defendant; officers already had PC, so no disclosure of CI’s identity

Officers merely used the CI to locate the defendant, not for the probable cause to search, so no reason to disclose the CI is shown. State v. Heard, 2018 N.C. App. LEXIS 828 (Aug. 24, 2018). The dash cam video … Continue reading

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D.Conn.: Def didn’t provide an affidavit of his standing, but his offer of proof and then actual proof showed it

Defendant claimed for trial that while he was a visitor at the premises searched under the warrant, he still had standing because he was a guest there and a paying tenant at times. He didn’t provide an affidavit, but he … Continue reading

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CA9: Entry in violation of an order of protection denies def standing

A person on premises in violation of an order of protection, even with an invitation, has no standing to challenge police action there. As long ago as 1979, the Ninth Circuit held it was frivolous for a trespasser to argue … Continue reading

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N.D.Iowa: Disavowal of ownership of residence didn’t deny def standing; he still had some interest in house he was in

Although defendant disavowed his control over the residence, the court finds he has standing anyway because he clearly stayed there and moved about the home like he belonged there: “Although defendant repeatedly stated that he did not live at the … Continue reading

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CA3: The govt’s mere attribution of a cell phone to def doesn’t give him standing

Defendant couldn’t show standing in the cell phones that were searched. “ On appeal, Gatson points to the Government’s attribution of Phone 1 to him as evidence of his standing to make a claim. However, this attribution by the Government … Continue reading

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