Category Archives: Standing

D.Haw.: Using three people to mask defendant’s alleged ownership of a package was a lack of standing in the package

“Here, Defendant Notyce was neither the sender nor the addressee of the package. The parcel was not addressed to him or a physical location associated with him. Defendant Notyce did not retrieve the parcel from the post office box or … Continue reading

Posted in Mail and packages, Standing | Comments Off

N.D.Cal.: Suspicionless probation search condition not shown to be on defendant; motion to suppress granted

Defendant did not have a suspicionless search condition on him. “This Court now joins the other courts in this district that have held that an officer must have reasonable suspicion to conduct a search of a probationer, unless the probationer … Continue reading

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D.Nev.: Def had standing in a car he was loaned

Defendant had standing to challenge GPS tracking of a car he was loaned by the owner. The search wasn’t a pretext from inventory: there was probable cause for the automobile exception. “A warrantless search can occur even after the automobile … Continue reading

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DE: Probation absconder didn’t have standing in another person’s property; alternatively, probation absconding is exigency

Defendant was a probation absconder, and he did not have standing to contest a search of another probationer’s camper. Even if defendant did have standing, the probation officers substantially complied with departmental guidelines. Defendant’s presence as an absconder from probation … Continue reading

Posted in Emergency / exigency, Probation / Parole search, Standing | Comments Off

S.D.Fla.: Def’s having keys and free access to girlfriend’s apt gives him standing, but the protective sweep was clearly justified

Defendant has standing to challenge the search of his girlfriend’s apartment because he has keys and stays there when he wants to without limitation. “Therefore, the Defendant argues that the Defendant has at least as much of a privacy interest … Continue reading

Posted in Probable cause, Standing | Comments Off

CA11: Parolee has no REP where he stays

Officers had cause for a protective sweep as well as consent from defendant’s girlfriend to search her apartment where he often stayed. A shotgun was in plain view. Defendant also had no standing because he was a parolee. United States … Continue reading

Posted in Knock and talk, Probation / Parole search, Reasonable expectation of privacy, Standing | Comments Off

OH12: SW for text messages on a cell phone was not overbroad where it was limited to messages from one person

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

Posted in Burden of proof, Cell phones, Overbreadth, Standing | Comments Off

TX14: Def had no standing in cell phone he gave to his girlfriend

Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant … Continue reading

Posted in Cell phones, Standing | Comments Off

D.Minn.: No standing where car rental company did not authorize def to drive

“Defendant’s argument as to standing to challenge the search of the van is foreclosed by the recent decision of the Eighth Circuit in United States v. Long, ___ F.3d ___, 2017 U.S. App. LEXIS 16740, 2017 WL 3741873 at *3 … Continue reading

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SD: Being a close friend and regular social guest of the homeowner still doesn’t give standing

Being a close friend and regular social guest of the homeowner still doesn’t give standing; it just isn’t a strong enough connection to the premises. He cared for the homeowner’s cat on occasion, but that wasn’t explained. State v. Gaters, … Continue reading

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CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. … Continue reading

Posted in Cell phones, Franks doctrine, Standing | Comments Off

CA9: Guest of evicted tenant has no REP in premises

Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff … Continue reading

Posted in Consent, Reasonable expectation of privacy, Standing | Comments Off