Category Archives: Standing

CA11: No co-conspirator standing in two cars

Here there were two vehicles stopped. Defendant was a passenger in one, and he had no standing in either merely being a co-conspirator to a drug operation. United States v. Lewis, 2024 U.S. App. LEXIS 16803 (11th Cir. July 10, … Continue reading

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IN: No standing to challenge arrest of another person

Defendant had no standing to contest the arrest of another person that led to his arrest under either the Fourth Amendment or the state constitution. Zuniga v. State, 2024 Ind. App. LEXIS 196 (July 8, 2024). “Next, Windham says that … Continue reading

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D.Kan.: Driving another person’s car some other times doesn’t give standing

Merely driving another person’s car some doesn’t give standing. “Defendant (like the defendants in Rakas) has neither a property nor possessory interest in the vehicle and thus lacks standing to challenge the search of it. He did not have a … Continue reading

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S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

Plaintiff said she was an overnight guest at the house searched and thus had standing, except that was never proved. “None of those facts are present here, as there is no record evidence showing that James had personal belongings in … Continue reading

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CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

Plaintiff’s complaint against DHS that agents fabricated probable cause to have him prosecuted is a new form of claim Bivens will not recognize. Sheikh v. U.S. Dep’t of Homeland Sec., 2024 U.S. App. LEXIS 16441 (9th Cir. July 5, 2024). … Continue reading

Posted in § 1983 / Bivens, Computer and cloud searches, Informant hearsay, Standing | Comments Off on CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

CA4: Officers with arrest warrant for def could enter yard of property they knew he was visiting to arrest him; plain view sustained

Defendant was a social visitor, not a business visitor, and his standing is more like Olson than Carter. The district court erred in finding no standing. On the merits, however, he loses on a ground fully litigated but not decided … Continue reading

Posted in Arrest or entry on arrest, Neutral and detached magistrate, Plain view, feel, smell, Standing, Warrant papers | Comments Off on CA4: Officers with arrest warrant for def could enter yard of property they knew he was visiting to arrest him; plain view sustained

D.Mass.: Owner of vehicle not in it can’t challenge stop, but he can the inventory which was unreasonable

The owner of a vehicle who was not driving or in it when it was stopped has no standing to challenge the stop as opposed to an inventory search. “After considering, as it must, ‘all the facts and circumstances’ of … Continue reading

Posted in Excessive force, Inventory, Qualified immunity, Standing | Comments Off on D.Mass.: Owner of vehicle not in it can’t challenge stop, but he can the inventory which was unreasonable

MT: State investigative subpoena for medical records requires showing of PC

An investigative subpoena for protected medical records must be based on probable cause. Here, there was objective facts in addition to defendant’s DUI prior that showed probable cause. State v. Hesser, 2024 MT 134, 2024 Mont. LEXIS 686 (June 25, … Continue reading

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N.D.Ga.: Questions about drugs without RS unreasonably extended stop

The officer’s questions about drugs during the mission of a routine traffic stop unreasonably extended the stop, and the dog sniff is suppressed. United States v. Chavez, 2024 U.S. Dist. LEXIS 110229 (N.D. Ga. June 3, 2024). Defendant rented an … Continue reading

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W.D.Ky.: State law alleged defects in warrant process not applicable in federal court without showing why suppression is an appropriate remedy

A state search warrant was used to prosecute in federal court. Defendant raised numerous state law defects to the warrant that did not constitute Fourth Amendment violations. “Even if these warrants were procedurally deficient under state law, Gray has supplied … Continue reading

Posted in Cell phones, Dog sniff, Exclusionary rule, Reasonableness, Standing | Comments Off on W.D.Ky.: State law alleged defects in warrant process not applicable in federal court without showing why suppression is an appropriate remedy

CA7: Manual border search of cell phone revealing CP was reasonable

Manual border search of defendant’s cell phone was reasonable and revealed child pornography, and that justification for a more intensive search. United States v. Mendez, 2024 U.S. App. LEXIS 14058 (7th Cir. June 10, 2024). Defendant rented his hotel room, … Continue reading

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Two on standing in a rental car

“We find that Guice was, like the driver in Byrd, a driver in lawful possession or control of a rental car and the mere fact that she had retained the vehicle beyond the rental return date does not defeat her … Continue reading

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DC: Accepting a law license is consent to trust account subpoenas

Being a lawyer with a trust account, lawyer’s consent to subpoenas for their trust account. The lawyer’s argument that it’s an unreasonable search is frivolous. In re Doman, 2024 D.C. App. LEXIS 191 (May 16, 2024). Defendant didn’t show standing … Continue reading

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LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

Defendant lacked standing to challenge the search of his shooting victim’s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading

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100 years ago today, abandonment, open fields, and maybe even standing in another’s land was decided

Hester v. United States, 265 U.S. 57, 58-59, 44 S. Ct. 445, 68 L. Ed. 2d 898 (1924): The officers had no warrant for search or arrest, and it is contended that this made their evidence inadmissible, it being assumed, on the … Continue reading

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M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it

Defendant was neither the shipper nor recipient of a USPS parcel with drugs in it, opened six weeks after it was unclaimed. He had no standing in it. United States v. Bell, 2024 U.S. Dist. LEXIS 78182 (M.D. Pa. Apr. … Continue reading

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CA7: No standing in a stolen car; PC anyway for automobile exception

Defendant was driving a stolen car. He had no standing in it. Besides, the search was good under the automobile exception with probable cause. United States v. Ostrum, 2024 U.S. App. LEXIS 10076 (7th Cir. Apr. 25, 2024). The Labor … Continue reading

Posted in Automobile exception, Nexus, Standing, Subpoenas / Nat'l Security Letters | Comments Off on CA7: No standing in a stolen car; PC anyway for automobile exception

CA5: Deficient privilege log after records search was waiver

After voluminous records were seized with a warrant, defendant’s privilege log was deficient to identify who and what, and that was treated as waiver. United States v. Fluitt, 2024 U.S. App. LEXIS 9983 (5th Cir. Apr. 24, 2024). Defendant was … Continue reading

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E.D.Pa.: Mandamus doesn’t lie to unseal SW papers

A petition for writ of mandamus doesn’t lie parallel to an action before the USMJ to unseal search warrant materials. Martino v. United States Dist. Court for the E. Dist. of Pa., 2024 U.S. Dist. LEXIS 74349 (E.D. Pa. Apr. … Continue reading

Posted in Reasonable expectation of privacy, Standing, Warrant papers | Comments Off on E.D.Pa.: Mandamus doesn’t lie to unseal SW papers

OR: Police listening to attorney-client jail calls because attorney calls not properly segregated leads to dismissal of some counts and setting aside guilty plea

The jail computer controlled phone system did not properly block attorney-client telephone calls, and the police listened to defense counsel’s conversations with defendant in jail. The police then used that information to supersede the indictment. Prejudice is presumed. State v. … Continue reading

Posted in Administrative search, Burden of pleading, Prison and jail searches, Privileges, Standing | Comments Off on OR: Police listening to attorney-client jail calls because attorney calls not properly segregated leads to dismissal of some counts and setting aside guilty plea