Category Archives: Standing

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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W.D.N.Y.: One has to show standing to get access to SW materials

Defendant has to show his standing to get access to the search warrant application under United States v. Pirk, 282 F. Supp. 3d 585, 594 (W.D.N.Y. 2017). United States v. Cobb, 2021 U.S. Dist. LEXIS 114405 (W.D. N.Y. June 18, … Continue reading

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Army: Consent to search was mere acquiescence to a claim of authority

Defendant’s consent to search his apartment was obtained after telling him that it was based on the death of his roommate in the parking lot. He was in “custody,” and this was mere acquiescence to a claim of authority. “In … Continue reading

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WV: Exclusionary rule would not be applied in administrative child abuse proceeding for protection of children

The exclusionary rule does not apply to child abuse allegations in administrative proceedings. The court declines the request to apply it despite the rule that it doesn’t apply in civil cases generally because of harm to the children. In re … Continue reading

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N.D.Ohio: DMV’s computer mistake def’s DL was suspended doesn’t invoke the exclusionary rule under Evans

DMV’s computer mistake defendant’s DL was suspended doesn’t invoke the exclusionary rule under Evans. United States v. Salazar, 2021 U.S. Dist. LEXIS 103027 (N.D. Ohio June 2, 2021). Defendant’s “regenerating” activity in selling heroin made the warrant application not stale. … Continue reading

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CA9: Defendant had standing in his hotel room despite having no REP in a stolen laptop in the room

Defendant had standing to challenge the search of his hotel room, but he did not have any reasonable expectation of privacy in a stolen laptop he possessed. If the entry into the hotel room is unreasonable, the seizure of the … Continue reading

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N.D.W.Va.: Def has burden (at least) on standing

At least for standing, “the burden of proof for a motion to suppress is on the party seeking to suppress the evidence. United States v. Dickerson, 655 F.2d 559, 561 (4th Cir. 1981).” United States v. Anderson, 2021 U.S. Dist. … Continue reading

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NY, Bronx: A tracking warrant isn’t an eavesdropping warrant

Defendant had standing to challenge a tracking warrant on his phone despite the state’s claim that wasn’t the cause for his arrest. He was tracked. These were not eavesdropping warrants. “Because the location information provided pursuant to the warrant did … Continue reading

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D.N.J.: “Friends with benefits” relationship showed standing

Defendant with a “friends with benefits” relationship with his host still had standing during his short-term stays. Here, he was asleep in his underwear when the police entered at night. United States v. Brantley, 2021 U.S. Dist. LEXIS 91340 (D. … Continue reading

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N.D.Ill.: Sender of package whose name wasn’t on it had standing

Defendant who orchestrated delivery of a package whose name wasn’t on it as sender or recipient had standing in the package. United States v. Williams, 2021 U.S. Dist. LEXIS 88747 (N.D. Ill. May 10, 2021):

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WY: Where the stop exceeds its purpose and becomes unreasonable, the fact it’s de minimus doesn’t make it reasonable

Where the stop exceeded reasonableness, the district court’s finding it was de minimus was error. It was less than the time for the dog sniff, but the dog had time to arrive. Mahaffy v. State, 2021 Wyo. LEXIS 71 (May … Continue reading

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CA2: Failure to promptly return property lawfully seized isn’t separate 4A claim

Where firearms were lawfully seized, there isn’t a separate Fourth Amendment claim for failure to promptly return them. Bello v. Rockland Cty., 2021 U.S. App. LEXIS 13281 (2d Cir. May 5, 2021). Probable cause is required for administrative subpoenas under … Continue reading

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DE: Def had no standing to complain where govt actor entered neighbor’s property to look at his

Plaintiff had no standing to challenge a government actor’s entry into his neighbor’s property to look at his. McCafferty v. New Castle County Bd. of License, 2021 Del. Super. LEXIS 343 (Apr. 26, 2021). No matter how the court views … Continue reading

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OH4: Criminal investigation’s SW production was admissible in child dependency proceeding

A search warrant produced drug evidence admissible in a dependency and neglect proceeding, and that supported the finding. In re J.M., 2021-Ohio-1415, 2021 Ohio App. LEXIS 1376 (4th Dist. Apr. 19, 2021). Defendant’s son “posted a video on the internet” … Continue reading

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KS: Paying for a car you don’t own doesn’t give standing

Just because defendant paid for the car he was a passenger in, it wasn’t his. He lacked standing in the car. State v. Scheuerman, 2021 Kan. App. LEXIS 15 (Apr. 16, 2021). 2255 petitioner’s claim the video to his surveillance … Continue reading

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W.D.Pa.: Def can show standing from govt’s papers, including affidavit for SW, and its case at suppression hearing

The defendant has the burden of showing standing, if raised, but he doesn’t have to testify to do it. The affidavit for the warrant here said the place to be searched was defendant’s and that’s enough. Other cases in this … Continue reading

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D.Mont.: Particularity for the property to be searched was shown

Defendant showed standing on the totality to challenge the search of the property where he rented a room. Particularity was shown for the place to be searched. United States v. Dolphay, 2021 U.S. Dist. LEXIS 66415 (D. Mont. Apr. 6, … Continue reading

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E.D.Mich.: No possessory interest in UM property ptf had for access to buildings

Plaintiff did not have a sufficient possessory interest in property of the University of Michigan that he’d been entrusted with. It belonged to the University who could recapture it. Hoeltzel v. Pillsbury, 2021 U.S. Dist. LEXIS 62371 (E.D. Mich. Feb. … Continue reading

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DE: Wiretap info in affidavit for SW showed nexus to cell phone

The affidavit showed probable cause for the search warrant, and nexus to his cell phone and the crime under investigation is shown in a wiretap. Anderson v. State, 2021 Del. LEXIS 121 (Mar. 30, 2021).* Defendant did not show a … Continue reading

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