Category Archives: Standing

SCOTUS: The driver of a rental car not on the contract may have a REP in the car

The driver of a rental car not listed on the contract may have a reasonable exception of privacy in the car Byrd v. United States, 2018 U.S. LEXIS 2803 (May 14, 2018). Syllabus:

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CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading

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MS: A passenger in car 20 min before stop had no standing

Defendant was in the car that was stopped for 20 minutes and admittedly had no possessory interest in the car. Therefore, he had no standing. Nowell v. State, 2018 Miss. App. LEXIS 210 (May 1, 2018). “Williams argues the search … Continue reading

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E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

Defendant was arrested at his house, and his wife later consented to entry to seize a gun. The officers’ threat to get a search warrant if she didn’t consent was genuine and there was probable cause to get a search … Continue reading

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New law review article: Notice and Standing in the Fourth Amendment: Searches of Personal Data

Jennifer Daskal, Notice and Standing in the Fourth Amendment: Searches of Personal Data, 26 Wm. & Mary Bill Rts. J. 437 (2017). Abstract:

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W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports

The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer’s report wasn’t enough just because the officer believed that defendant’s residence was the target of the search. United States v. Lewis, 2018 … Continue reading

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S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

Defendants have no standing to challenge the seizure of CSLI on telephone numbers they don’t complain are theirs. United States v. Pizarro, 2018 U.S. Dist. LEXIS 60539 (S.D. N.Y. Apr. 10, 2018).* Police seizure of an SD card was by … Continue reading

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E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind

Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer … Continue reading

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IL: Def’s actions after stop to inquire rose to RS

Police encountered defendant and others in a car in a neighborhood where it didn’t seem to belong. The officers pulled up next to their car and talked. Based on furtive movements, the officer believed that defendant had a gun he … Continue reading

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CA4: Jardines didn’t bar officers from following burnt marijuana smell to def’s apartment

Two officers on bike patrol rode through an apartment complex and smelled burning marijuana. They followed their noses and sniffed at defendant’s place and knocked. The district court erred in suppressing because it read too much into Jardines. The officers … Continue reading

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NJ: Police break-in into apartment building common hallway violated REP

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant’s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading

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CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

Defendant had no standing to complain that a DEA administrative subpoena was used to identify the storage unit that was his so the DEA could use a drug dog on his storage unit. Defendant’s plain error argument that a tracking … Continue reading

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