Category Archives: Standing

S.D.Fla.: Def’s having keys and free access to girlfriend’s apt gives him standing, but the protective sweep was clearly justified

Defendant has standing to challenge the search of his girlfriend’s apartment because he has keys and stays there when he wants to without limitation. “Therefore, the Defendant argues that the Defendant has at least as much of a privacy interest … Continue reading

Posted in Probable cause, Standing | Comments Off

CA11: Parolee has no REP where he stays

Officers had cause for a protective sweep as well as consent from defendant’s girlfriend to search her apartment where he often stayed. A shotgun was in plain view. Defendant also had no standing because he was a parolee. United States … Continue reading

Posted in Knock and talk, Probation / Parole search, Reasonable expectation of privacy, Standing | Comments Off

OH12: SW for text messages on a cell phone was not overbroad where it was limited to messages from one person

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

Posted in Burden of proof, Cell phones, Overbreadth, Standing | Comments Off

TX14: Def had no standing in cell phone he gave to his girlfriend

Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant … Continue reading

Posted in Cell phones, Standing | Comments Off

D.Minn.: No standing where car rental company did not authorize def to drive

“Defendant’s argument as to standing to challenge the search of the van is foreclosed by the recent decision of the Eighth Circuit in United States v. Long, ___ F.3d ___, 2017 U.S. App. LEXIS 16740, 2017 WL 3741873 at *3 … Continue reading

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SD: Being a close friend and regular social guest of the homeowner still doesn’t give standing

Being a close friend and regular social guest of the homeowner still doesn’t give standing; it just isn’t a strong enough connection to the premises. He cared for the homeowner’s cat on occasion, but that wasn’t explained. State v. Gaters, … Continue reading

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CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. … Continue reading

Posted in Cell phones, Franks doctrine, Standing | Comments Off

CA9: Guest of evicted tenant has no REP in premises

Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff … Continue reading

Posted in Consent, Reasonable expectation of privacy, Standing | Comments Off

M.D.La.: Def claims an illegal search led to his arrest; his admissions on jail phone calls are attenuated from that

Defendant’s calls from jail to his girlfriend about destroying evidence were attenuated from any prior illegality. “The Court finds that the nexus between the original unlawful search and the challenged evidence was attenuated by the intervening phone calls, an independent … Continue reading

Posted in Attenuation, Standing | Comments Off

OH: Def has no standing in place of another that he was arrested in, so Steagald provides him no relief

Defendant could not show he had a reasonable expectation of privacy in the premises of a third person, although he was the person being looked for. The court discusses Steagald and the Ninth Circuit’s en banc Underwood (1983, Treatise §§ … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Standing | Comments Off