Category Archives: Standing

NJ: Police break-in into apartment building common hallway violated REP

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant’s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, Standing | Comments Off

CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

Defendant had no standing to complain that a DEA administrative subpoena was used to identify the storage unit that was his so the DEA could use a drug dog on his storage unit. Defendant’s plain error argument that a tracking … Continue reading

Posted in Administrative search, Dog sniff, Probable cause, Standing | Comments Off

D.Minn.: Chiropractor’s co-def in insurance fraud had no standing in the clinic’s records or chiro’s phone

Defendant was a co-defendant with Schultz, a chiropractor, charged with false insurance claims. “The Court concludes that Defendant Hassan does not have standing to challenge the evidence obtained from Defendant Schulz because Defendant Hassan did not have a reasonable expectation … Continue reading

Posted in Franks doctrine, Standing | Comments Off

M.D.La.: Where def shared a car with one key, he had no standing when it was searched when he was out of possession

Defendant lacked standing in the car a gun was found in. He was free to use the car when he wanted, but he wasn’t at the time of the search. It was his grandfather’s car, there was one key, and … Continue reading

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N.D.Ohio: Affidavit for SW didn’t support def’s claim of standing

Defendant relied on the affidavit for search warrant as showing his standing, but it didn’t resolve the question, so he fails in his burden of proof and lacks standing. The government showed nexus in the 61 page affidavit for residences … Continue reading

Posted in Burden of proof, Nexus, Standing | Comments Off

OH8: No standing in a package neither sent nor to be received by def

Defendant lacked standing to challenge the placing of the GPS tracking device on the package because she was neither the sender nor addressee of the package and demonstrated no reasonable expectation of privacy in the package. The police could validly … Continue reading

Posted in Anticipatory warrant, GPS / Tracking Data, Standing | Comments Off

GA: Def failed to show standing in apt he was arrested in in early morning hours

Being arrested in an apartment that’s not yours doesn’t confer standing without some proof of a relationship to the property. The evidence at the suppression hearing did not address defendant’s status relative to the apartment; i.e., whether he was the … Continue reading

Posted in Staleness, Standing | Comments Off

M.D.Ga.: Defs had standing in borrowed car; no RS because defs’ answers were objectively reasonable

Defendants borrowed a car and had standing in the car because it contained personal records being transported. The stop was unreasonably extended by questions about the trip. The officer found them suspicious, but the court does not. The defendants’ answers … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

S.D.Ala.: Handwritten corrections on SW required a hearing as to how and why

The government contended in its brief on the motion to suppress that the search warrant was supported by controlled buys and didn’t otherwise support the CI. That requires a hearing. Corrections whiting out the address and changing it is enough … Continue reading

Posted in Standing, Warrant requirement | Comments Off

S.D.Ohio: Affidavit for SW judicially estopped govt to claim no standing

The affidavit for the search warrant alleged the house was defendant’s house. The government was judicially estopped from claiming otherwise in the proceeding without real evidence the affidavit was wrong. [I’ve been arguing this for years; see Treatise § 4.03.] … Continue reading

Posted in Burden of proof, Motion to suppress, Standing | Comments Off

CA11: Becoming defensive about some questioning during stop didn’t rise to RS

Being in a high crime area and then becoming defensive only when the officer asked defendant where his mother lived when it came up was not reasonable suspicion. Defendant’s frisk was unreasonable on the totality. Suppressing the gun found on … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

NY4: Scope of search claim defaulted by not presenting it to trial court

A facial challenge to a search warrant is a question of law, and no hearing is required. On the application, probable cause was shown along with the CI’s reliability. Defendant’s claim the search exceeded the search warrant is defaulted for … Continue reading

Posted in Burden of pleading, Burden of proof, Standing | Comments Off