Category Archives: Standing

D.D.C.: No REP in apt building laundry room when officer saw def in possession; take down when he resisted was reasonable

“In short, and as explained below, the Court finds that Leake’s stance in the corner of the laundry room was suspicious, and that upon approaching him, Officer Pantaleon observed Leake holding a small clear plastic baggie containing a powder-like substance. … Continue reading

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W.D.Tex.: State officer’s alleged 4A violation doesn’t permit removal of criminal case to federal court

Defendants removed their state criminal cases to federal court under 28 U.S.C. § 1443 based on claimed search and seizure issues. This isn’t a proper ground to remove, and they have a state law remedy. Texas v. Calzada, 2020 U.S. … Continue reading

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CA8: Def didn’t show standing in rental car with blank rental agreement

Defendant’s possession of a blank rental agreement fell short of showing his standing to challenge the search of the car he was driving. Defendant has to go forward on standing somehow, and Byrd doesn’t say how. United States v. White, … Continue reading

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CA11 (en banc): Abandonment is a 4A standing issue, not an Art. III standing issue

“Sometimes courts make simple mistakes. And simple mistakes call for simple fixes. Just so here. In United States v. Sparks, we held that a suspect who ‘abandons’ his privacy or possessory interest in the object of a search or seizure … Continue reading

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NY: CBP officer at least was conducting a citizen’s arrest when he stopped def and turned him over to local police

A CBP maritime officer is not a LEO under NYS law but that didn’t void his stopping a vehicle while on duty in Buffalo for driving erratically. Buffalo officers were called, and he left to go back to work. They … Continue reading

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S.D.Ga.: Govt’s GFE exception argument waived by not being presented to USMJ

The officer here departed from the investigation of the traffic offense without reasonable suspicion, and the stop became unreasonable. The government’s argument that Rodriguez hadn’t been decided at the time this happened wasn’t presented to the magistrate, so it’s waived. … Continue reading

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MA: Police answering call to seized cell phone was unreasonable without SW

Defendant’s cell phone was seized by the police. A call came in about 74 minutes later, and it was answered. The state could have obtained a search warrant before that and did not, and it didn’t show that it couldn’t. … Continue reading

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D.P.R.: Def driver had to somehow independently show ownership or control of vehicle for standing under CA1 precedent

When the vehicle stopped isn’t owned by the driver, he has to come forward with something showing standing. “However, Mr. Hernández-Marín failed to bring testimony other than himself to prove possession, control or ownership of the Dodge RAM pick-up truck … Continue reading

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CA3: Byrd who won in SCOTUS on standing loses on remand because there was PC for the search

On remand from Byrd v. United States, 138 S.Ct. 1518 (2018), holding that defendant had standing in his rental car, defendant loses on the merits because there was probable cause for the search of his car because of the admission … Continue reading

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TX14: Vehicle coming back as “no record” in database check is RS for stop

The fact defendant’s vehicle came back as “no record” from the Texas law enforcement databases was reason for a stop as unlicensed. After the valid stop, defendant consented. Villarreal v. State, 2020 Tex. App. LEXIS 3180 (Tex. App. – Houston … Continue reading

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CA5: 10 am knock-and-talk didn’t violate Jardines

Officers who came to defendant’s door at 10 am and asked for permission to use a dog to sniff his yard didn’t violate Jardines. United States v. Flores, 2020 U.S. App. LEXIS 10235 (5th Cir. Apr. 1, 2020). “The present … Continue reading

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PA: No right to leave vehicle parked on another’s property to avoid inventory

Defendant showed standing by showing that he bought the car he was driving and put it in his sister’s name, and he was the only person who drove it. The inventory was proper because there was no right to leave … Continue reading

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D.Mass.: Renter of car who loaned it out still had standing in the car

Defendant rented a car in his name two weeks before the search. He had standing in the car when somebody borrowed it and was stopped. The court declines to find that the dog handler cued the dog. Audio of a … Continue reading

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CA9: Facial challenge to housing inspection ordinance fails because there is an administrative warrant provision

Plaintiffs’ facial challenge to Los Angeles’ housing inspection ordinance fails because it isn’t unconstitutional in all applications. An administrative warrant provision is provided for. Garris v. City of Los Angeles, 2020 U.S. App. LEXIS 8361 (9th Cir. Mar. 17, 2020). … Continue reading

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GA: Def made no effort to show standing in girlfriend’s cell phone

CSLI was admitted involving defendant’s girlfriend’s cell phone that defendant was using. He made no effort to show standing in the cell phone. Defense counsel wasn’t ineffective for not raising standing. Albright v. State, 2020 Ga. App. LEXIS 187 (Mar. … Continue reading

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N.D.Iowa: Use of fictitious name on package doesn’t deny standing

A person using a fictitious name to send or receive a package still has standing in the package, collecting cases on both sides. In this case, there was reasonable suspicion to divert the package in transit. United States v. Yodprasit, … Continue reading

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