Category Archives: Standing

E.D.Wis.: Stationary video surveillance of a common area not subject to Carpenter

Stationary video surveillance outside an apartment building of common areas is not at all analogous to Carpenter. “The defendant urges the court to compare his facts to those in Whitaker. Dkt. No. 223 at 9. The defendant argues that a … Continue reading

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NY2: Judge issuing SW had discretion to recuse from suppression hearing

The judge issuing the Facebook warrant in this case was within her discretion in recusing from determining the merits. Besides, there was probable cause, and the search warrant was particular. People v. Grose, 2019 NY Slip Op 03808, 2019 N.Y. … Continue reading

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Army: Email address link to CP provided nexus to def’s devices and quarters

Defendant was retired military working as a contractor in Afghanistan. Child pornography was traced to him by his email address. That gave the magistrate issuing the search warrant reason to believe that child pornography would be found on his digital … Continue reading

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S.D.Ohio: Def who left property in sister’s house without plan to ever return lacked standing, and she had apparent authority to consent

Defendant stored property with his sister in her house for extended periods of time. Here, he lacked standing to challenge the search of his stuff in her house, and she had apparent authority to consent to the search. United States … Continue reading

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E.D.Cal.: § 1983 4A prison claim is an attack against his disciplinary proceeding and barred by Heck

Plaintiff’s § 1983 Fourth Amendment prison claim is an attack against his disciplinary proceeding and barred by Heck. Lout v. Sidhu, 2019 U.S. Dist. LEXIS 74550 (E.D. Cal. May 3, 2019).* Claimant has no standing to challenge the seizure before … Continue reading

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NY2: “Defense counsel’s equivocal, vague and conclusory statements that defendant had standing to challenge the searches” has no offer of proof or facts

“The court correctly denied, on the ground of lack of standing as well as on the merits, defendant’s motion to controvert two search warrants. Defense counsel’s equivocal, vague and conclusory statements that defendant had standing to challenge the searches of … Continue reading

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M.D.Tenn.: Def doesn’t show standing as a guess under Olson

Assuming the search of defendant’s stuff in the house of another was not valid as a parole search, defendant doesn’t even really attempt to show guest standing under Olson. United States v. Shelton, 2019 U.S. Dist. LEXIS 71028 (M.D. Tenn. … Continue reading

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MA: Two on CSLI standing

Defendant had standing to challenge CSLI used to track his car when he was a passenger and the driver was using his cell phone. Commonwealth v. Fredericq, 482 Mass. 70 (Apr. 24, 2019). Defendant did not have standing for a … Continue reading

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MI: Passenger in car has standing to challenge search of his own backpack (overruling LaBelle)

While a passenger in a car normally doesn’t have standing in the contents of a car, he does in his own backpack that he was carrying when he got into the car. The driver couldn’t consent to a search of … Continue reading

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W.D.N.Y.: Def had standing as a bailee in a backpack

Defendant had standing as a bailee in a backpack. He disclaimed ownership of it, but he attempted to assert control over it and he refused consent to search. He also did not abandon the backpack, either. United States v. Hannold, … Continue reading

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D.Wis.: Property renter didn’t yet have standing to challenge ordinance for renter information under 4A

Suit over a county ordinance that short term rental properties have to allow government access to their guest registries as a violation of the Fourth Amendment was moot. Plaintiff hadn’t filed the paperwork under the ordinance so he doesn’t yet … Continue reading

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D.Minn.: Proffer on standing requires evidence; def can’t rely on govt’s litigation position without outright admission or waiver of standing

Defendant lacked standing in the house of another. He can’t rely for standing on the government’s litigation positions — he has to point to evidence. United States v. Valdez, 2019 U.S. Dist. LEXIS 57478 (D. Minn. Feb. 7, 2019), adopted, … Continue reading

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