Category Archives: Standing

D.Vt.: Payton doesn’t require an arrest warrant come with a SW

Payton does not require that an arrest warrant also be obtained to arrest a suspect during the execution of a search warrant on his premises. Defendant was lawfully arrested in the house when the search warrant was executed. United States … Continue reading

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LA: “Defendant thus was in the difficult position of having to both distance himself from the barbeque grill, if he hoped to be found not guilty of possession of the cocaine found inside it, and tie himself more closely to the grill, if he hoped to obtain a favorable ruling on the motion to suppress. Trying to do both, he succeeded at neither.”

Showing a reasonable expectation of privacy in the place searched but denying possession is a fine line indeed. Show too much of an expectation of privacy just to challenge the search [always a risky proposition] and you might put yourself … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Standing | Comments Off

CA9: Intervenors show no standing to challenge admin. SDT to Oregon Prescription Drug Monitoring Program

Intervenors showed no Art. III standing to challenge the DEA’s administrative subpoenas to the Oregon Prescription Drug Monitoring Program. Art. III standing requires that they show independent standing to sue. Oregon Prescription Drug Monitoring Program v. United States Drug Enforcement … Continue reading

Posted in Standing, Subpoenas / Nat'l Security Letters | Comments Off

GA: No standing in phone subscriber records to a phone that’s not in his name

Defendant consented to giving his phone to the police. During his interview, he picked up the phone and was manipulating it, and the officers took it away from him until they could get a search warrant. This was reasonable [and … Continue reading

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D.P.R.: Secondary border inspection of def’s cell phone for evidence of dog fighting was reasonable

Defendant’s alleged fighting dogs and his cell phone were validly the subject of secondary border inspections in San Juan. United States v. Castro-Correa, 2017 U.S. Dist. LEXIS 90966 (D.P.R. June 12, 2017).* Defendant didn’t have standing to challenge the search … Continue reading

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PA: Having hotel room key without anyone being registered in room doesn’t show standing

Defendant in speaking to the police said that he was staying in 111 of the Knights Inn hotel, and he showed a key card. When the officer turned away the key was hidden in the car. Later the police retrieved … Continue reading

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D.N.M.: Where search of backpacks in car was unreasonable, each def only had standing as to his own bag

Defendants were involved in a rollover accident on a New Mexico interstate highway. Another person came to pick them up after they called. The officer on the scene insisted on searching each of the bags that they pulled out of … Continue reading

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OH6: Merely being “associated” with a vehicle doesn’t confer standing

“In his motion to suppress, he asserted only that he was ‘associated’ with the truck. We find an ‘association’ with the vehicle gives no greater rights than a mere passenger. Therefore, we agree with the state that appellant could not … Continue reading

Posted in Standards of review, Standing | Comments Off

CA4: Wikimedia can show standing to challenge internet surveillance under Clapper v. Amesty International

Wikimedia’s complaint against the NSA survives SCOTUS Clapper v. Amnesty International standing analysis. Wikimedia handles over one trillion internet communications a year, and every internet portal in the U.S. and likely the world reaches it. Therefore, some communications have to … Continue reading

Posted in Standing, § 1983 / Bivens | Comments Off

TN: Def’s disclaimer of interest in apartment he was in denied him standing

The trial court credited the officer’s testimony that defendant said that he could not consent to a search of the apartment he was in because it wasn’t his residence. That meant he lacked standing. The police came there expecting it … Continue reading

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