Category Archives: Standing

FL2: State raises standing for first time on appeal; remanded so issue can be developed

The trial court suppressed on a violation of the curtilage, and the state raises standing for the first time on appeal. The court lets it do so, but remands for another suppression hearing to develop the facts. State v. Pettis, … Continue reading

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W.D.Mo.: Def had standing in a truck he was loaned

Defendant has standing in his daughter’s truck because he showed that she let him use it. The officer’s mistake of law concerning the expiration date of the vehicle’s license was reasonable. “Month of expiration” under Missouri law isn’t obvious. United … Continue reading

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S.D.N.Y.: Def had standing in his own work computer but not the company server

Defendant had a reasonable expectation of privacy in his own work computer, but not on what was on the company server. Because the crimes under investigation were listed in the search warrant, the warrant wasn’t general. United States v. Mendlowitz, … Continue reading

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D.N.J.: Suggestion def look in console for insurance papers revealing a gun in plain view wasn’t a search

During defendant’s stop, he couldn’t find his insurance papers. Defendant rummaged through papers here and there. The officer suggested defendant look in the center console again, and this time the officer saw a gun. The suggestion he look in the … Continue reading

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W.D.Pa.: Defense counsel’s decisions about motions to suppress are strategic under Strickland

In a post-conviction petition, defense counsel’s decisions about motions to suppress are strategic for Strickland purposes. Bagley v. United States, 2019 U.S. Dist. LEXIS 31040 (W.D. Pa. Feb. 27, 2019). Defendant’s objection to the R&R for his lack of standing … Continue reading

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N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

Defendants were charged in a dietary supplement mislabeling conspiracy. On the claim of overseizure, the warrant specified “angeline” but the court concludes anything related to it was seizable as well without violating particularity. Two defendants were given standing to challenge … Continue reading

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Article: Fourth Amendment Standing and the General Rule of Waiver

Fourth Amendment Standing and the General Rule of Waiver by Katerina Kokkas, 2018 U. Chi. Law Forum art. 14 (2019)

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CA11: Occasional visitor at house had no standing

“Here, Rodriguez’s limited relationship to Weeks’s house does not grant him a reasonable expectation of privacy in it. Rodriguez testified at the suppression hearing that he went to Weeks’s house after being invited, not on his own accord. He also … Continue reading

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D.Conn.: No REP in airplane and contents by absent co-conspirator who claimed ownership

There was a “ramp check” authorized by FAA regulation of a private plane at an airport in Connecticut, essentially a traffic stop. It was admitted that a small quantity of marijuana was on the plane. The automobile exception applies to … Continue reading

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W.D.N.Y.: No IAC for trial strategy def had nothing to do with house, which denies him standing to contest search

Defendant disavowed any connection at trial to a particular house as a trial strategy. Thus, it was not ineffective assistance of counsel for not moving to suppress the search of a house he thus lacked standing in–defendant would not have … Continue reading

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N.D.Ga.: Def showed no standing in a rented getaway car that they didn’t get back into before arrest where the car was rented with fake ID

Failure to attach search warrant to amended motion to suppress was abandonment of the motion. As to a rental car that was to be the getaway car in a robbery, rented with fake ID, defendant lacked standing. Moreover, there was … Continue reading

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W.D.Ky.: Cell phone pings before controlled buys provided nexus to search house

Defendant’s going directly home after several controlled buys as shown by cell phone pings was sufficient to show nexus to his home for a search warrant for drugs. “Probable cause exists in this case because of the continual and ongoing … Continue reading

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