Category Archives: Standing

FL5: Record doesn’t show no standing in CSLI; remanded

The record does not conclusively show that defendant was without standing to challenge the CSLI from the cell phone at issue. Remanded. Litz v. State, 2019 Fla. App. LEXIS 649 (Fla. 5th DCA Jan. 18, 2019).* A store loss prevention … Continue reading

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S.D.Ga.: Def was a day visitor, and it was tenuous at best he had standing; once he left, he sure didn’t

“As an initial matter, it is not clear that Lang even has standing to challenge the warrant. Lang testified (against the advice of counsel) that he was merely a temporary guest in his girlfriend’s mother’s residence, there to help ‘clean … Continue reading

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IL: Housesitter has no standing

House sitter and dog watcher had no reasonable expectation of privacy in the house he was watching. Officers at the door could also see drugs on the table from the door. He had no standing: “In sum, it is not … Continue reading

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W.D.Ky.: No showing of ownership for standing; wiretap talking about being able to give clear title wasn’t sufficient

Defendant has no standing in another person’s vehicle. He provided no affidavit of ownership, and he relies solely on a wiretap where he talked about it being his and he would provide clear title to it. “Standing is based on … Continue reading

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W.D.N.C.: Motion to suppress that denied all connection to car was denied for lack of standing

Defendant’s motion to suppress goes to the extreme of denying any connection to the vehicle searched in an apparent effort to not be linked at trial, and that means no standing. United States v. Littlejohn, 2018 U.S. Dist. LEXIS 214718 … Continue reading

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D.Utah: Def lacked standing in an apt rented for him he knew was by identity theft

Defendant lacked standing to contest a search of the apartment he knew was rented by another for him via identity theft. United States v. Kafuku, 2018 U.S. Dist. LEXIS 207331 (D. Utah Dec. 8, 2018):

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S.D.N.Y.: No standing in an email account def didn’t open and disavows

Defendant has no standing in an email account that was opened by somebody else that he disavows is even connected to him. United States v. Lewis, 2018 U.S. Dist. LEXIS 202501 (S.D. N.Y. Nov. 29, 2018). Reconsideration of prior denial … Continue reading

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D.Mont.: Probation search of place probationer was merely visiting unreasonable

A person on supervised release was subject to a search condition of his residence. That did not include places he was visiting. Search of his backpack suppressed; a search warrant was required to even enter the premises of a third … Continue reading

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D.V.I.: Package shipped from SC to VI did not cross “border”

Defendant mailing packages from South Carolina to the Virgin Islands under an alias has standing because the government alleges the alias on the package is defendant. The sealed packages have Fourth Amendment protection and a reasonable expectation of privacy. The … Continue reading

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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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