Category Archives: Standing

D.D.C.: Example of distancing the client from drugs but maintaining standing

Like walking a tightrope: United States v. Thorne, 2020 U.S. Dist. LEXIS 4291 (D.D.C. Jan. 10, 2020):

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CA8: Unauthorized driver of a rental car, a person close to the renter, wasn’t strawman and had standing

Defendant was in a rental car but wasn’t an authorized driver. Nothing suggests a strawman situation, and defendant and the renter had a longstanding relationship. The court finds standing and refuses to entertain overruling prior authority because it isn’t inconsistent … Continue reading

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OH: State has burden to plead lack of standing in response to a motion to suppress and can’t remain silent without waiving

When defendant files a motion to suppress and the state questions standing, it has the burden of going forward to at least raise the issue so defendant can meet it. Without doing so in the trial court, the state waives … Continue reading

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CA8 has a pole camera case involving the front door but finds it harmless, if even a 4A violation

Defendant in a child pornography case had a pole camera set up across the street from his house to see who was going in. He challenges the surveillance, but the court finds, if error, it’s harmless on the record as … Continue reading

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E.D.N.C.: Officers came to the door with PC but no warrant; def’s shutting door and moving around inside led officers to believe he was destroying evidence, and entry was justified

When officers came to the door with probable cause for the presence of marijuana, defendant’s shutting the door and moving about inside for up to 90 seconds created apprehension that he was destroying evidence. Also, there was at least reasonable … Continue reading

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CA6: There was already RS to detain the occupants of the car when def fled from it

“In total, we find that there was reasonable suspicion to block the white Saturn into the driveway. Taking together the smell of marijuana in an area known for drug violations, the person leaning into the car, and the car’s backing … Continue reading

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VA: Def lacked standing in the car of his passenger he was driving

Defendant was driving a car that belonged to his passenger, and it was legitimately stopped because of an expired tag. The court gave a long exposé of property rights and standing useful in the future, but not for him because … Continue reading

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D.Idaho: Small business owner with 90% share has standing to challenge search of entire premises

As a 90% owner of a small business and the building in which it was located, an investment firm (and disregarding the assets they managed), he had standing to challenge the entirety of the search of the premises, not just … Continue reading

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D.D.C.: Speculation about illegal FISA wiretapping fails to show standing under Clapper

A complaint against the Special Counsel that his office conducted unconstitutional surveillance under FISA is dismissed as speculation, and speculation is no standing under Clapper. And plaintiff’s counsel has already lost cases in this court on no standing with facts … Continue reading

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NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end

Defendant’s stop was for over-tinted windows. The officer could smell burnt marijuana, and he searched finding some in the console. Finding that, he was not obligated to stop searching. State v. Valentine, 27 Neb. App. 332, 2019 Neb. App. LEXIS … Continue reading

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E.D.Tenn.: Def who came to motel room to “turn up, smoke, and chill” and to examine a firearm he was considering buying didn’t have standing

“Penn stated that his purpose in coming to the room was to ‘turn up, smoke, and chill’ and to examine a firearm he was considering purchasing.” He said he napped there. He had no reasonable expectation of privacy in the … Continue reading

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E.D.Wis.: Police allegely entered curtilage to shine headlights in windows, and homeowner consented to entry; def was inside and without standing to contest

Defendant contended that police drove onto the curtilage and shined police headlights and lights into the premises. The USMJ couldn’t adequately resolve that because of a lack of photographic evidence showing what was where. But, that led to a consent … Continue reading

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