Category Archives: Standing

S.D.N.Y.: Def has to show standing, and he can’t rely on affidavit for SW to do it

Defendant moved to suppress a Facebook search warrant for an account ostensibly in his name. A total of ten Facebook warrants were issued. Defendant did not file an affidavit claiming the Facebook account was his, and he cannot rely on … Continue reading

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SC: GPS on a probationer has to be properly authenticated, and PO isn’t the way

Defendant was accused of robbing a Zaxby’s restaurant with a probationer wearing a GPS monitor. The probationer pled. Defendant went to trial, and the probation officer was used to authenticate the GPS information. It was inadequate. However, the court applies … Continue reading

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NC: CI merely located defendant; officers already had PC, so no disclosure of CI’s identity

Officers merely used the CI to locate the defendant, not for the probable cause to search, so no reason to disclose the CI is shown. State v. Heard, 2018 N.C. App. LEXIS 828 (Aug. 24, 2018). The dash cam video … Continue reading

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D.Conn.: Def didn’t provide an affidavit of his standing, but his offer of proof and then actual proof showed it

Defendant claimed for trial that while he was a visitor at the premises searched under the warrant, he still had standing because he was a guest there and a paying tenant at times. He didn’t provide an affidavit, but he … Continue reading

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CA9: Entry in violation of an order of protection denies def standing

A person on premises in violation of an order of protection, even with an invitation, has no standing to challenge police action there. As long ago as 1979, the Ninth Circuit held it was frivolous for a trespasser to argue … Continue reading

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N.D.Iowa: Disavowal of ownership of residence didn’t deny def standing; he still had some interest in house he was in

Although defendant disavowed his control over the residence, the court finds he has standing anyway because he clearly stayed there and moved about the home like he belonged there: “Although defendant repeatedly stated that he did not live at the … Continue reading

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CA3: The govt’s mere attribution of a cell phone to def doesn’t give him standing

Defendant couldn’t show standing in the cell phones that were searched. “ On appeal, Gatson points to the Government’s attribution of Phone 1 to him as evidence of his standing to make a claim. However, this attribution by the Government … Continue reading

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CA3 applies Davis GFE to Byrd on remand, and he loses

On remand from Byrd v. United States, 138 S. Ct. 1518, 200 L. Ed. 2d 805 (May 14, 2018), the Third Circuit applies the good faith exception to standing because the law at the time in the circuit was that … Continue reading

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D.Md.: Regular visitor with run of the house who never spent the night didn’t have standing

Defendant was a regular visitor at the place searched, but he did not have a reasonable expectation of privacy in it. He was a regular social visitor about once a week for three years and had free run of the … Continue reading

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M.D.Tenn.: Def’s continual distancing himself in pleadings and at hearing from the cell phone at issue shows no standing

Defendant went to great lengths to distance himself from telephone 3 that was tracked in the suppression motion and hearing. Therefore, he has no standing to challenge the collection of CSLI on it. Carpenter and Byrd do not, as defendant … Continue reading

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CA4: Def who pled standing gets benefit of Byrd for standing in his rental car but loses on RS

Defendant preserved his Byrd argument that he had standing in the rental car, and he gets the benefit of it. On the merits, the officer had reasonable suspicion: Swisher Sweets cigars, sandwich bags without associated stuff, and just sprayed with … Continue reading

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N.D.Ga.: Pre-Carpenter CSLI obtained without search warrant is admissible under GFE

Pre-Carpenter CSLI obtained without search warrant is admissible under Davis good faith exception. United States v. Hearst, 2018 U.S. Dist. LEXIS 126005 (N.D. Ga. July 3, 2018), adopted 2018 U.S. Dist. LEXIS 125791 (N.D. Ga. July 27, 2018). The search … Continue reading

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