Category Archives: Standing

GA: No standing in phone subscriber records to a phone that’s not in his name

Defendant consented to giving his phone to the police. During his interview, he picked up the phone and was manipulating it, and the officers took it away from him until they could get a search warrant. This was reasonable [and … Continue reading

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D.P.R.: Secondary border inspection of def’s cell phone for evidence of dog fighting was reasonable

Defendant’s alleged fighting dogs and his cell phone were validly the subject of secondary border inspections in San Juan. United States v. Castro-Correa, 2017 U.S. Dist. LEXIS 90966 (D.P.R. June 12, 2017).* Defendant didn’t have standing to challenge the search … Continue reading

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PA: Having hotel room key without anyone being registered in room doesn’t show standing

Defendant in speaking to the police said that he was staying in 111 of the Knights Inn hotel, and he showed a key card. When the officer turned away the key was hidden in the car. Later the police retrieved … Continue reading

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D.N.M.: Where search of backpacks in car was unreasonable, each def only had standing as to his own bag

Defendants were involved in a rollover accident on a New Mexico interstate highway. Another person came to pick them up after they called. The officer on the scene insisted on searching each of the bags that they pulled out of … Continue reading

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OH6: Merely being “associated” with a vehicle doesn’t confer standing

“In his motion to suppress, he asserted only that he was ‘associated’ with the truck. We find an ‘association’ with the vehicle gives no greater rights than a mere passenger. Therefore, we agree with the state that appellant could not … Continue reading

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CA4: Wikimedia can show standing to challenge internet surveillance under Clapper v. Amesty International

Wikimedia’s complaint against the NSA survives SCOTUS Clapper v. Amnesty International standing analysis. Wikimedia handles over one trillion internet communications a year, and every internet portal in the U.S. and likely the world reaches it. Therefore, some communications have to … Continue reading

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TN: Def’s disclaimer of interest in apartment he was in denied him standing

The trial court credited the officer’s testimony that defendant said that he could not consent to a search of the apartment he was in because it wasn’t his residence. That meant he lacked standing. The police came there expecting it … Continue reading

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OH5: Def without DL and not on rental agreement as authorized driver had no standing

Defendant never had a DL, and he was driving a rental car and wasn’t on the paperwork as an authorized driver, so the renter had no authority to let him drive. Therefore, he lacked standing. State v. Nicholson, 2017-Ohio-2825, 2017 … Continue reading

Posted in Cell site location information, Standing, Third Party Doctrine | Comments Off

E.D.Mich.: Affidavit for SW and other things showed def’s standing in two cell phones

The search warrant affidavit showed defendant’s standing in two cell phones that were seized. The phones were referred to as belonging to defendant, and she claimed them when asked about them but disclaimed ownership in others. Finally, she proffered that … Continue reading

Posted in Probation / Parole search, Standing | Comments Off

CA2: Unlicensed driver of rental car rented by another had no standing in car

The court does not have to decide whether the unauthorized driver of a rental car as to the rental contract has standing, despite being loaned the car by the renter, noting differing authorities; because defendant was also an unlicensed driver … Continue reading

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