Category Archives: Standing

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

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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

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CA5: Interstate bus passenger had no standing against a dog sniff of the luggage compartment

An interstate bus passenger had no standing against a dog sniff of the luggage compartment of the bus. United States v. Rodriguez-Lara, 2017 U.S. App. LEXIS 3774 (5th Cir. March 2, 2017):

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CA8: Def had no standing in sex trafficking victim’s cell phone

Defendant sought to challenge his previously waived search issue by seeking to withdraw his guilty plea. The phone belonged to his sex trafficking victim, so he apparently doesn’t have standing. United States v. McHenry, 2017 U.S. App. LEXIS 3358 (8th … Continue reading

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D.S.C.: No REP in a rental rented by another and loaned to def where he wasn’t on the rental contract

Defendant had no reasonable expectation of privacy in a rental car rented by another and loaned to him when the rental company didn’t authorize him as a driver. United States v. Dorsey, 2017 U.S. Dist. LEXIS 21112 (D.S.C. Feb. 15, … Continue reading

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C.D.Cal.: The second hand borrower of a car without knowledge of owner has no standing in it

The car defendant was in was owned by a G.B. who lent it to a Tanisha because she needed a car. Unbeknownst to G.B., Tanisha loaned it to the defendant, and G.B. had no knowledge of him. Defendant attempted to … Continue reading

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W.D.Pa.: Mere shareholder in a business had no standing to challenge SW

As a mere shareholder in a business, defendant had no standing to challenge the search warrant of the property. At the time of the search, he had no personal interest in it. United States v. Taylor, 2017 U.S. Dist. LEXIS … Continue reading

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CA7: Def had no standing in a car shipped by car hauler being delivered to him that he’d never seen

Defendant had no standing in a car being shipped by a car hauler across the country when it was searched in transit. He was named neither the sender nor the recipient, and he had never been in or seen the … Continue reading

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CA8: Passenger in his gf’s rented car driven by yet another had no standing

Defendant was a passenger in a rental vehicle rented by his girlfriend but being driven by a third person. He was not on the rental agreement as a driver or a co-renter. He had no standing. United States v. Russell, … Continue reading

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CA3: Disavowal of cell phone in car was a waiver of standing

The search of the call log on the cell phone in the car defendant was driving a year before Riley was valid. He also disavowed the cell phone and lacks standing. United States v. Monestime, 2017 U.S. App. LEXIS 1501 … Continue reading

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