Category Archives: Standing

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off

MI: Leaving backpack in car def was ordered out of was a lack of standing when the car got searched

Defendant lacked standing in his own backpack in a vehicle that was subject to search for impoundment for having no valid LPN under People v. LaBelle, 478 Mich. 891, 732 N.W.2d 114 (2007). The motion to suppress was properly denied. … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

D.Minn.: The gov’t cites a three-way circuit split on standing in a rental car; the circuit authority controls

Defendant was driving a rental car with permission of the renter, and that gives him standing in this circuit. There is a three way circuit split, and this court can’t resolve that. United States v. Bettis, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Immigration checkpoints, Standing | Comments Off

OH2: Def’s denial of possessory interest in car at suppression hearing denies him standing

“During the suppression hearing, Williamson specifically disclaimed a possessory interest in the Chrysler 300” so he didn’t have standing. State v. Williamson, 2017-Ohio-7098, 2017 Ohio App. LEXIS 3217 (2d Dist. Aug. 4, 2017). (Shades of Rawlings v. Kentucky where the … Continue reading

Posted in Standing | Comments Off

NY1: Staying “on and off” with an uncle for many years, getting mail there, storing all his clothes there gave standing

The trial court erred in finding that defendant lacked standing to challenge the propriety of the search of the apartment because defendant’s uncle, who resided in the apartment, told the police that defendant had stayed with his family “on and … Continue reading

Posted in Apparent authority, Standing | Comments Off

N.D.Ga. predicts CA11 would go with totality standard in standing in a borrowed rented car

Noting the different approaches of the circuits to the standing of a driver of a rental car who is not on the contract but operating with permission of the renter, the totality of circumstances test is adopted, and he lacks … Continue reading

Posted in Standing | Comments Off

S.D.N.Y.: Seizure of months of CSLI was proper to connect def to a particular place

Months of historical CSLI, rather than just three day’s worth, was properly acquired by the government to show defendant’s connections to the property at issue. The third party doctrine provides defendant no relief [yet]. United States v. Serrano, 2017 U.S. … Continue reading

Posted in Cell site location information, Scope of search, Standing | Comments Off

PA: Unreasonable stop voids subsequent search even for a passenger otherwise without standing

The initial illegality of an unreasonable stop taints the following search whether the defendant has standing in the car or not. Commonwealth v. Shabezz, 2017 Pa. LEXIS 1691 (July 19, 2017):

Posted in Standing | Comments Off

CT: Def didn’t satisfy guest standing, and co-conspirator standing rejected

Defendant lacked standing to challenge the search of a grow operation because it wasn’t his place. The fact there were a couple of pieces of mail and one piece of personal property at the place, without more, didn’t show how … Continue reading

Posted in Standing | Comments Off

D.Vt.: Payton doesn’t require an arrest warrant come with a SW

Payton does not require that an arrest warrant also be obtained to arrest a suspect during the execution of a search warrant on his premises. Defendant was lawfully arrested in the house when the search warrant was executed. United States … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off