Category Archives: Standing

E.D.Cal.: Def’s “‘bald assertion that he was an overnight guest,’ and nothing more, is certainly insufficient to establish that he had a legitimate” REP

Defendant was in a motel room coming out of the shower when the police came in. His own assertion he was an overnight guest for the previous two nights alone was insufficient to show his standing. United States v. McDaniels, … Continue reading

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TX7: Def had no standing to challenge the seizure of an aborted fetus’s DNA

Defendant had no standing to challenge the seizure of an aborted fetus’s DNA that connected him to the pregnancy. Sharp v. State, 2020 Tex. App. LEXIS 9025 (Tex. App. – Amarillo Nov. 17, 2020). Officers had an arrest warrant for … Continue reading

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D.Del.: Def found on couch in morning with pillow and sheet at friend’s house had standing

“Defendant has adequately demonstrated he has standing to challenge the Search Warrant. … Defendant was found at his brother’s residence around 9:31 a.m., lying on a couch with a sheet and pillow, strongly suggesting that he was an overnight guest … Continue reading

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CA5: No standing or REP in the CSLI of another

Defendant didn’t have a reasonable expectation of privacy (standing) in the movements of a cell phone of another. Still, it was with a warrant, and there is no defect in the warrant process. United States v. Beaudion, 2020 U.S. App. … Continue reading

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KS: Officer’s delay by seeking backup for safety reasons during nighttime stop where he was outnumbered was reasonable

“From the initiation of the traffic stop at 3:23 a.m. until the moment when Officer Trout observed drug paraphernalia in plain view next to Lutz, the stop was not measurably extended beyond its basic objective of processing the observed traffic … Continue reading

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E.D.Tenn.: Leaving suitcase in an open grassy area is a loss of a REP in it

Defendant left his suitcase in an open grassy area, and that was a waiver any reasonable expectation of privacy in it. See United States v. Wilson, 984 F. Supp. 2d 676 (E.D. Ky. 2013) (leaving suitcase in a cemetery was … Continue reading

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IN: Def didn’t show standing in an apartment where his pants were

Defendant failed to show standing in an apartment he had a pair of jeans in where the officer stepped on them during a walk through and felt drugs underfoot. The police responded to a domestic call, and found defendant outside … Continue reading

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W.D.Okla.: A longstanding personal relationship between owner of premises and def didn’t confer standing without guest status

Defendant’s longstanding personal relationship with the owner of the premises searched was insufficient to show standing. He wasn’t a guest. United States v. Brooks, 2020 U.S. Dist. LEXIS 195402 (W.D. Okla. Oct. 21, 2020):

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M.D.Fla.: Borrower of a rental car with a suspended DL has no standing

“Because the Eleventh Circuit has not yet addressed this issue, the Court has carefully considered the reasoning of the Lyle and Bettis cases and concludes, in line with the Second Circuit, that the unlicensed driver of a rental car should … Continue reading

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N.D.Ohio: Giving a drug courier a duffel bag doesn’t allow one to retain standing under a bailment or joint possession theory

Defendant did not have standing under either a bailment theory or joint possession where a drug courier allegedly hauling his meth on a Greyhound bus had the bag unreasonably seized and searched. Defendant wasn’t there observing the courier holding his … Continue reading

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CA7: Ptf was a trespasser who had no REP

Plaintiff as a trespasser had no reasonable expectation of privacy to make a Fourth Amendment complaint. “Just as a trespasser has no reasonable expectation of privacy in the property, a trespasser also lacks a possessory interest in the property. The … Continue reading

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N.D.Ala.: Def failed to prove he was an overnight guest with standing

Defendant lacked standing where he purported to be an overnight guest, but the host said no. United States v. Spencer, 2020 U.S. Dist. LEXIS 191102 (N.D. Ala. Sept. 4, 2020), adopted, 2020 U.S. Dist. LEXIS 190308 (N.D. Ala. Oct. 14, … Continue reading

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GA: Even if GPS tracker was unconstitutionally placed, it didn’t affect later SW for vehicle

Defendant first claimed the vehicle was his when the officer asked, and he consented to a search of it. After a few loose rounds of ammunition were found, he disavowed ownership. It turned out there was also a tracking device … Continue reading

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MA: Def’s arrest in car with others didn’t remove safety factor of search for firearm

Defendant’s arrest didn’t remove the safety factor because there were others in the vehicle who could access a potential weapon. Therefore, the search for the weapon was reasonable. Commonwealth v. Silvelo, 2020 Mass. LEXIS 647 (Oct. 14, 2020). Defendant filed … Continue reading

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N.D.Ill.: Def had standing to challenge search of a garage of another he was using and had exclusive control over at the time

“Perez has provided enough evidence to show that, at the time of the search, he had control over the Dakin garage and the ability to exclude others from it. He was storing materials there, there was no one else on … Continue reading

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CA9: No standing to sue to enjoin future border searches of cell phones

Plaintiff cannot obtain prospective injunctive relief against future border cell phone searches because he lacks standing for future searches. As to past searches, he cannot obtain injunctive relief after suing under the FTCA. “Under FTCA’s judgment bar, ‘once a plaintiff … Continue reading

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