Category Archives: Standing

CA2: Unlicensed driver of rental car rented by another had no standing in car

The court does not have to decide whether the unauthorized driver of a rental car as to the rental contract has standing, despite being loaned the car by the renter, noting differing authorities; because defendant was also an unlicensed driver … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off

C.D.Ill.: Long term borrower of car has standing

One who borrows a car for a long time has standing. “And the Court is persuaded that society is prepared to accept as reasonable a person’s subjective expectation of privacy in a car borrowed for months on end from a … Continue reading

Posted in Ineffective assistance, Standing | Comments Off

D.P.R.: Just being a driver of vehicle doesn’t give standing; two traffic tickets in past in vehicle not enough

Defendant at the suppression hearing showed no possessory interest in the vehicle he claimed not to own at the time of the stop and search. Two traffic tickets in the past driving the same vehicle wasn’t enough. United States v. … Continue reading

Posted in Probation / Parole search, Standing | Comments Off

D.Nev.: There is no co-conspirator standing

Defendant was charged as a co-conspirator in a drug conspiracy involving a warehouse. He makes no effort to show his individual standing, and being a co-conspirator isn’t enough. United States v. Galecki, 2016 U.S. Dist. LEXIS 185667 (D. Nev. Sept. … Continue reading

Posted in Nexus, Standing | Comments Off

W.D.Pa.: The borrower of a car has standing

The borrower of a car has standing. “Standing requires a fact-bound inquiry. In this case, Jones was the sole occupant of the car, obtained possession of the car by consent from his cousin, exercised exclusive control over the vehicle for … Continue reading

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D.Del.: Evasiveness during a public intox arrest justified Terry frisk

Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Standing | Comments Off

S.D.W.Va.: Flagrant violation of 4A with warrantless GPS on def’s car doesn’t get suppressed because of def’s lack of standing at time of search

The police flagrantly violated the Fourth Amendment by placing a GPS device on a car without a warrant. Defendant was the target, but he’d sold and relinquished control of the car to another days later by the time of the … Continue reading

Posted in Exclusionary rule, Standing | Comments Off

S.D.N.Y.: Sporadic user of cell phone had no standing; gathering provider information not a “search”

Defendant moved to suppress the cell phone data from a phone he sporadically used during a conspiracy, but he has no standing. The date was 334 days worth, and his use was occasional. This is no different that a sporadic … Continue reading

Posted in Cell phones, Cell site location information, Standing, Third Party Doctrine | Comments Off

S.D.Fla.: Co. that rented vehicles to another for rental to public had standing to sue over seizure

Plaintiffs stated a Fourth Amendment claim against the City for warrantless seizure of its motorized three-wheeled vehicles. The fact one plaintiff rented them to another in exchange for a share of the profits, and they were seized from the latter, … Continue reading

Posted in Seizure, Standing | Comments Off

D.Nev.: To have standing in a package, one must be addressee or sender

In this conspiracy case involving mailed packages, none of the defendants were shown as the sender or addressee of this package. The defendant pursuing the motion didn’t even directly possess the package: He drove a woman to the post office … Continue reading

Posted in Mail and packages, Standing | Comments Off