Category Archives: Standing

M.D.Pa.: Exigency permitted warrantless CSLI pings

Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. … Continue reading

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OH7: Visitor to hotel room with no key or shown association to room had no standing

Defendant was a visitor to a hotel room and he had no standing to challenge its search. He had no key to the room and no luggage or other belongings, and he couldn’t show he was a guest of either … Continue reading

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E.D.Wis.: Def had no REP in sister’s bedroom

Defendant had no reasonable expectation of privacy to contest the search of his sister’s bedroom. United States v. Slater, 2021 U.S. Dist. LEXIS 180673 (E.D.Wis. Sept. 22, 2021). There was probable cause for search of defendant’s car, and the opportunity … Continue reading

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CA8: Usually no REP in car carried by car hauler even to owner, and here there was nothing showing REP

“During a safety inspection of a semi transporting three vehicles, an officer found about 40 pounds of meth in a Ford Explorer. Sierra-Serrano wants to suppress those drugs, arguing that the search violated the Fourth Amendment. But because Sierra did … Continue reading

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CA11: There was justification for ptf’s stop, so pretext question doesn’t get to jury

“The plaintiffs contend that the record contains evidence that could lead a jury to conclude that Officer Benton merely used the tag violation as a pretext for an otherwise unlawful stop. But Officer Benton’s subjective purpose for conducting the traffic … Continue reading

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CA8: 38 seconds of additional questions of passenger while ticket being written didn’t unreasonably extend stop

The second officer on the scene did not materially extend the stop by 38 seconds of additional questioning of the passenger while the first officer was writing a ticket. United States v. Salkil, 2021 U.S. App. LEXIS 25511 (8th Cir. … Continue reading

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ID: Def has burden of proving standing and can’t rely on state seeking to prove he didn’t have standing

Defendant had the burden of showing standing, and he couldn’t rely on the state not proving he didn’t have standing. Wilson v. State, 2021 Ind. App. LEXIS 264 (Aug. 24, 2021). Finding that defendant was on federal supervised release was … Continue reading

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N.D.Ohio: Smell of MJ on def’s person not PC to search his car

The officer had no suspicions of defendant before drawing his gun on him. The smell of marijuana on defendant’s person, but not his car, was not probable cause for a search of the car. The officer testified he was quite … Continue reading

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N.D.Ga.: Cell phone lock screen is in plain view

On a cell phone, “information that simply appears on a lock screen, without requiring digital entry, is in plain view.” United States v. Blair, 2021 U.S. Dist. LEXIS 156445 (N.D.Ga. Aug. 18, 2021). Defendant didn’t have a reasonable expectation of … Continue reading

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ND: Search of passenger’s person for smell of MJ in car was unreasonable

Defendant’s patdown as a passenger on smell of marijuana was reasonable during the stop, but a search of his person was not. There was no justification for a search of his person. State v. K.V. (In the Interest of K.V.), … Continue reading

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CA8: Taking box off FedEx conveyor belt for dog sniff didn’t deprive FedEx of custody

Moving a suspicious looking box from the FedEx conveyor belt to a back room for a dog sniff did not require reasonable suspicion nor did it deprive FedEx of custody of the box. The dog alert provided justification for a … Continue reading

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CO: Consent to officer’s entry extended to her briefly leaving and reentering

Defendant’s consent for an officer to enter extended to her reentry after leaving to retrieve a camera and then returning (even before getting it). People v. Stone, 2021 COA 104, 2021 Colo. App. LEXIS 1089 (Aug. 5, 2021). Even though … Continue reading

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N.D.Ill.: Corroborated anonymous 911 call about street corner drug dealing was RS

An anonymous 911 call about drug dealing at a Chicago intersection corroborated by officers’ observations was reasonable suspicion under Navarette. The caller also said she’d be calling back and 911 captured the number. There was little risk the caller couldn’t … Continue reading

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N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive

Defendant satisfied his Franks burden of showing a material false statement in support of the probable cause showing for the warrant. That information undermined the probable cause. As to the good faith exception, this is what the exclusionary rule is … Continue reading

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M.D.Ala.: That PC is debatable isn’t a lack of PC

There was a substantial basis for the state judge to issue this search warrant. A USMJ came to a different conclusion. That it is debatable doesn’t show a lack of probable cause. United States v. Mitchell, 2021 U.S. Dist. LEXIS … Continue reading

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W.D.Mo.: How long is too long a wait for search of a seized cell phone: reasonableness controls

“A seizure reasonable at its inception because it is based upon probable cause may become unreasonable as a result of its duration. The duration of the seizure pending the issuance of a search warrant must still be reasonable, and reasonableness … Continue reading

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N.D.Iowa: Asking “What’s going on?” was not withdrawal of consent

The court adopts the R&R finding on the totality that defendant consented to a search of his backpack, despite some intoxication. His saying “What’s going on?” was not withdrawal of consent. United States v. Harden, 2021 U.S. Dist. LEXIS 126242 … Continue reading

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D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt

Defendant didn’t have standing to contest a warrantless entry into his close friend’s apartment when he was hiding there from the police after having fled an apparent arrest. They were also in hot pursuit of a man with a gun. … Continue reading

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CA1: Direct evidence and indirect inferences showed PC

“Lindsey argues that there was no probable cause to believe there was evidence of drug dealing on the cellphones because the affidavit offered ‘no direct evidence’ that the phones would contain evidence of any drug dealing and the ‘indirect’ evidence … Continue reading

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D.D.C.: One has to assert standing to challenge a Facebook warrant

The target does not assert standing to challenge the search warrant for this Facebook account, which he must. In re Information Associated with One Account Stored at Premises Controlled by Facebook, 2021 U.S. Dist. LEXIS 120036 (D.D.C. June 4, 2021). … Continue reading

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