Category Archives: Standing

D.Del.: Evasiveness during a public intox arrest justified Terry frisk

Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Standing | Comments Off

S.D.W.Va.: Flagrant violation of 4A with warrantless GPS on def’s car doesn’t get suppressed because of def’s lack of standing at time of search

The police flagrantly violated the Fourth Amendment by placing a GPS device on a car without a warrant. Defendant was the target, but he’d sold and relinquished control of the car to another days later by the time of the … Continue reading

Posted in Exclusionary rule, Standing | Comments Off

S.D.N.Y.: Sporadic user of cell phone had no standing; gathering provider information not a “search”

Defendant moved to suppress the cell phone data from a phone he sporadically used during a conspiracy, but he has no standing. The date was 334 days worth, and his use was occasional. This is no different that a sporadic … Continue reading

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

S.D.Fla.: Co. that rented vehicles to another for rental to public had standing to sue over seizure

Plaintiffs stated a Fourth Amendment claim against the City for warrantless seizure of its motorized three-wheeled vehicles. The fact one plaintiff rented them to another in exchange for a share of the profits, and they were seized from the latter, … Continue reading

Posted in Seizure, Standing | Comments Off

D.Nev.: To have standing in a package, one must be addressee or sender

In this conspiracy case involving mailed packages, none of the defendants were shown as the sender or addressee of this package. The defendant pursuing the motion didn’t even directly possess the package: He drove a woman to the post office … Continue reading

Posted in Mail and packages, Standing | Comments Off

CA5: Interstate bus passenger had no standing against a dog sniff of the luggage compartment

An interstate bus passenger had no standing against a dog sniff of the luggage compartment of the bus. United States v. Rodriguez-Lara, 2017 U.S. App. LEXIS 3774 (5th Cir. March 2, 2017):

Posted in Dog sniff, Standing | Comments Off

CA8: Def had no standing in sex trafficking victim’s cell phone

Defendant sought to challenge his previously waived search issue by seeking to withdraw his guilty plea. The phone belonged to his sex trafficking victim, so he apparently doesn’t have standing. United States v. McHenry, 2017 U.S. App. LEXIS 3358 (8th … Continue reading

Posted in Cell phones, Standing | Comments Off

D.S.C.: No REP in a rental rented by another and loaned to def where he wasn’t on the rental contract

Defendant had no reasonable expectation of privacy in a rental car rented by another and loaned to him when the rental company didn’t authorize him as a driver. United States v. Dorsey, 2017 U.S. Dist. LEXIS 21112 (D.S.C. Feb. 15, … Continue reading

Posted in Protective sweep, Seizure, Standing | Comments Off

C.D.Cal.: The second hand borrower of a car without knowledge of owner has no standing in it

The car defendant was in was owned by a G.B. who lent it to a Tanisha because she needed a car. Unbeknownst to G.B., Tanisha loaned it to the defendant, and G.B. had no knowledge of him. Defendant attempted to … Continue reading

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W.D.Pa.: Mere shareholder in a business had no standing to challenge SW

As a mere shareholder in a business, defendant had no standing to challenge the search warrant of the property. At the time of the search, he had no personal interest in it. United States v. Taylor, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Probable cause, Standing | Comments Off