Category Archives: Standing

OH8: Misstating the owner of a cell phone in warrant application was not material when it was seized as part of a burglary conspiracy

A burglar alarm in an industrial area at 1 am brought the police who saw men scattering, and one vehicle leaving. There was reasonable suspicion for stopping the vehicle. The search warrant for a cell phone was proper because it … Continue reading

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M.D.La.: State privacy law confers no additional standing in federal court

As a mere passenger, defendant has no standing to contest a search of the car. “The Court also rejects Defendant’s argument that his state-law right to privacy somehow confers standing in this federal action. Defendant has the burden of establishing … Continue reading

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M.D.Fla.: Guest’s host’s consent was coerced and suppressed

Defendant was an overnight guest with standing. His host’s consent was coerced by the police and wasn’t voluntary. United States v. Powell, 2019 U.S. Dist. LEXIS 141017 (M.D. Fla. July 16, 2019)*:

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E.D.Mich.: Def lacked standing in a hotel room he occasionally frequented but hadn’t been in for 17 days

Officers conducted a raid on hotel rooms for human trafficking evidence. Defendant’s name on a receipt was found in the room from 17 days earlier. He admits that he wasn’t a guest the night before or regularly before the raid. … Continue reading

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CA11: Ptf’s excessive force claim overcomes QI; his facts show clearly established law violated

Defendants were properly denied qualified immunity in using excessive force to arrest plaintiff. Plaintiff’s version of the facts showed clearly established rights were violated. Heck v. Humphrey didn’t apply because plaintiff wasn’t seeking to attack his conviction. Cendan v. Trujillo, … Continue reading

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TN: Codefendant suppressed contents of a camera, but def can’t because no standing

Codefendant succeeded in suppressing photographs from an illegally seized camera. This defendant, however, had no property or privacy interest in the camera and thus no standing. State v. McClancy, 2019 Tenn. Crim. App. LEXIS 473 (Aug 10, 2019).* State’s notice … Continue reading

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OH10: Def’s stop turned from consensual to a seizure when the officer saw a baggie of drugs in his hand

Defendant and another were encountered by police after coming out of a drug house. The encounter was consensual until defendant tried to walk away, but the officer had already seen a baggie of drugs in his hand by plain view. … Continue reading

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OH9: Citizen informant’s 911 call properly admitted at suppression hearing even though hearsay

A 911 call from a citizen informant was properly admitted into evidence becuase hearsay is admissible in suppression hearings. There was a factual basis for defendant’s stop on reasonable suspicion for DUI. The CI’s report was that he was too … Continue reading

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D.P.R.: Being handed a bag for five seconds wasn’t enough to create standing

Analyzing bailments under PR law and First Circuit and SCOTUS cases (particularly Rawlings), defendant’s precipitous five second holding of a bag handed off to him wasn’t sufficient to create a bailment or give him standing in the bag. United States … Continue reading

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CA1: Standing can’t be based on an untranslated document to put into evidence; even in D.P.R.

Defendant’s claim of standing in the home of another depends upon a Spanish language document [in PR federal court where everyone is bilingual] that was untranslated for the judge [and apparently not for appeal]. Therefore, his standing argument fails. But … Continue reading

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M.D.Pa.: On remand of Byrd, GFE applied to standing issue

On the Sixth Circuit’s remand of Byrd v. United States, 138 S.Ct. 1518 (2018), to the District Court, the court finds the good faith exception applies to standing issues arising before it was decided. United States v. Byrd, 2019 U.S. … Continue reading

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N.D.Ala.: Renting bedroom from homeowner and paying in drugs still gave renter standing; but owner had apparent authority to consent

Defendant lived in a drug dealer’s house where he rented the room in exchange for drugs. He had unfettered access to come and go. That gave him standing in his own room. The owner, however, also had unrestricted access to … Continue reading

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